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HomeMy WebLinkAboutMINUTES - 11092021 - (2)CALENDAR FOR THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD BOARD CHAMBERS, ADMINISTRATION BUILDING, 1025 ESCOBAR STREET MARTINEZ, CALIFORNIA 94553-1229 DIANE BURGIS, CHAIR, 3RD DISTRICT FEDERAL D. GLOVER, VICE CHAIR, 5TH DISTRICT JOHN GIOIA , 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT KAREN MITCHOFF, 4TH DISTRICT MONICA NINO, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 655-2075 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES. A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR. To slow the spread of COVID-19, the Health Officer’s Shelter Order of September 14, 2020, prevents public gatherings (Health Officer Order). In lieu of a public gathering, the Board of Supervisors meeting will be accessible via television and live-streaming to all members of the public as permitted by the Governor’s Executive Order N29-20. Board meetings are televised live on Comcast Cable 27, ATT/U-Verse Channel 99, and WAVE Channel 32, and can be seen live online at www.contracosta.ca.gov. PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA MAY CALL IN DURING THE MEETING BY DIALING 888-251-2949 FOLLOWED BY THE ACCESS CODE 1672589#. To indicate you wish to speak on an agenda item, please push "#2" on your phone. All telephone callers will be limited to two (2) minutes apiece. The Board Chair may reduce the amount of time allotted per telephone caller at the beginning of each item or public comment period depending on the number of calls and the business of the day. Your patience is appreciated. A lunch break or closed session may be called at the discretion of the Board Chair. Staff reports related to open session items on the agenda are also accessible on line at www.contracosta.ca.gov. ANNOTATED AGENDA & MINUTES November 9, 2021            9:00 A.M. Convene, call to order and opening ceremonies. Inspirational Thought- "Our flag does not fly because the wind moves it… it flies with the last breath of each soldier who died protecting it." ~anonymous Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Diane Burgis, District III Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Staff Present:Monica Nino, County Administrator Mary Ann McNett Mason, County Counsel PRESENTATIONS (5 Minutes Each)   PRESENTATION launching the "2021 Counties Cares Holiday Food Fight". (Joel Sjostrom, CEO, Food Bank of Contra Costa and Solano and Debi Cooper, County Clerk-Recorder)   CONSIDER CONSENT ITEMS (Items listed as C.1 through C.48 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public. Items removed from the Consent Calendar will be considered with the Discussion Items.   DISCUSSION ITEMS   D. 1 ACCEPT report from County Administrator’s Office and staff of the Department of Conservation and Development (DCD) GIS division, on redistricting efforts to date; update the Board and the public on Supervisorial District Workshops held October 23, 2021 through October 28, 2021; provide a summary of Community of Interests proposals and supervisorial district map proposals submitted by the public; review the criteria for adopting new district boundaries/maps; present concept drafts of possible supervisorial district maps; receive input from the public; and receive direction from the Board of Supervisors on the structure of a final map or final map alternatives and related matters. (David Twa, County Administrator's Office)       Speakers: Resident of Richmond; Helen; Eddie Morris, NAMI Contra Costa; Edi Birsan, Concord City Council;  Speakers: Resident of Richmond; Helen; Eddie Morris, NAMI Contra Costa; Edi Birsan, Concord City Council; Resident of Hercules; Kristi Laughlin, East Bay Alliance for a Sustainable Economy; Antoine Clorid; Anna Marie Avilas, Irene; Addie; Cora Mitchell. ADOPTED the recommendations as listed in the Board Order; and DIRECTED staff to prepare Map D for Boards consideration at the November 23, 2021 hearing.   D. 2 CONSIDER adopting Resolution No. 2021/366 recognizing November 2021 as Homelessness Awareness month in Contra Costa County. (Jaime Jenett, Health, Housing and Homeless Services)       Speakers: Cora Mitchell, Antoine; Marianna; Aliya, Addie.    AYE: District I Supervisor John Gioia, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Candace Andersen (ABSENT) D. 3 CONSIDER requesting the Assessor to change the city associated with 465 properties in the unincorporated Saranap area located within the boundaries of the Lafayette School District and the sphere of influence of the City of Lafayette from “Walnut Creek” to “Lafayette” prior to the delivery of the 2022 secured property tax roll to the Auditor and ACKNOWLEDGE that this modification to the property tax rolls would be made at the Board of Supervisors’ request and that such change would be made within the course and scope of the Assessor’s official duties. (Supervisor Andersen)       Speakers: Gus Kramer, County Asessor; Joyce Coleman, Walnut Creek; Steve Segal, Walnut Creek; Lynn Lopez, Saranap; Derek; Chris O'Brien; Glen Zamanian; Elizabeth S. Written commentary provided by Thomas M. Cassani (attached).    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 4 CONSIDER accepting the fiscal year 2021/22 1st Quarter report on the American Rescue Plan revenues and expenditures through September 30, 2021. (Timothy Ewell, Chief Assistant County Administrator and Dennis Bozanich, Senior Deputy County Administrator)       Speakers: resident of Contra Costa County.   D. 5 CONSIDER adopting Position Adjustment Resolution No. 25824 to add one Director of Child Support Services (SMA1) and cancel one Director of Child Support Services (SMA 1) effective January 1, 2022; APPOINT Lori Cruz to position Director of Child Support Services – Exempt at Step 4 of the salary range, effective December 6, 2021, including all benefits provided in the current Management Resolution applicable to the position of Director of Child Support Services – Exempt. (Monica Nino, County Administrator)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 6 CONSIDER adopting Resolution No. 2021/378 approving a Side Letter to amend the Memorandum of Understanding with AFSCME, Local 512, adding subsection 46.6 "2021 Additional Contribution to Deferred Compensation Plan," subsection 46.7 "Deferred Compensation Incentive – Engineering Technician Unit" and subsection 51.G "Additional Contribution to Deferred Compensation Plan." (David Sanford, Chief of Labor Relations)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 7 CONSIDER adopting Resolution No. 2021/365 approving a Side Letter between Contra Costa County and the Deputy District Attorneys' Association, adding new Section 35 - Certification Rule to the current Memorandum of Understanding (July 1, 2018 - June 30, 2022) (David Sanford, Chief of Labor Relations)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 8 CONSIDER adopting Resolution No. 2021/376 approving a Side Letter between the County and the District Attorney Investigators' Association, adding new Section 15.5 - Certification Rule to the current Memorandum of Understanding (July 1, 2019 - June 30, 2023) (David Sanford, Chief of Labor Relations)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 9 CONSIDER Consent Items previously removed.    There were no items removed from consent for discussion.   D. 10 PUBLIC COMMENT (2 Minutes/Speaker)    Helen, resident of Contra Costa County was disturbed by the length of some items making other items later than the agenda implied and questioned whether CCTV was a state sponsored televison entity ; Daniel Borsic, thanked the County Code Enforcement Department and particularly Code Enforcement officer Armando for swiftly resolving a potential life-threatening issue involving a large woodshed in a professional manner.   D. 11 CONSIDER reports of Board members.    There were no items reported today.   11:00 A.M.   2021 Veterans' Day Celebration and Virtual Presentation of Colors honoring the men and women of Contra Costa County who have served and are currently serving in our United States Armed Forces. (Nathan Johnson, Veterans Services Officer)   Closed Session A. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6) Agency Negotiators: Monica Nino. Employee Organizations and Unrepresented Employees: Public Employees Union, Local 1; AFSCME Locals 512 and 2700; California Nurses Assn.; SEIU Locals 1021 and 2015; District Attorney Investigators’ Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters I.A.F.F., Local 1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Contra Costa County Defenders Assn.; Contra Costa County Deputy District Attorneys’ Assn.; Prof. & Tech. Engineers IFPTE, Local 21; Teamsters Local 856; and all unrepresented employees.    There were no closed session announcements.   ADJOURN in memory of Wilma Chan Alameda County Supervisor   CONSENT ITEMS   Road and Transportation   C. 1 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Utility Agreement with Contra Costa Water District (District), effective November 9, 2021, to require the District to pay approximately $550,000 in connection with the utility relocation for the Marsh Creek Road Bridges Replacement Project, Brentwood and Clayton areas. (100% Contra Costa Water District Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 2 ADOPT Resolution No. 2021/308 approving and authorizing the Public Works Director, or designee, to fully close a portion of Sunset Drive between Franciscan Way and Arlington Avenue, Highgate Road between Sunset Drive and Edwing Drive, and Highgate Court, on November 9, 2021 through April 30, 2022 from 7:00 a.m. through 4:30 p.m., for the purpose of installing earthquake resistant ductile iron water main, Kensington area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 3 ADOPT Resolution No. 2021/348 approving and authorizing the Public Works Director, or designee, to fully close a portion of Miranda Avenue, Angela Avenue, Bolla Avenue, St. Alicia Court, and Bushmint Place, on November 16, 2021 through May 31, 2022 from 7:00 a.m. through 5:00 p.m., for the purpose of installing plastic water main, service transfers and connections, Alamo area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 4 ADOPT Resolution No. 2021/351 approving and authorizing the Public Works Director, or designee, to fully close all of Maple Lane, on November 13, 2021 from 12:00 p.m. through 8:00 p.m., for the purpose of a neighborhood social event, Walnut Creek area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 5 ADOPT Resolution No. 2021/353 approving and authorizing the Public Works Director, or designee, to execute master agreement with the State of California, Department of Transportation for state-only-funded projects and subsequent program supplements for use on local transportation facilities as required in the State Agreement, Countywide. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 6 ADOPT Traffic Resolution No. 2021/4510 to prohibit stopping, standing, or parking at all times, except for those vehicles displaying a special identification license plate or distinguishing placard issued to those individuals with disabilities (blue curb), on a portion of Francis Street (Road No. 2295L), as recommended by the Public Works Director, Crockett area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 7 ADOPT Ordinance No. 2021-37 and Resolution No. 2021/377 to adjust transportation mitigation fees and update the project list for the Central County Area of Benefit, reestablish the boundaries of that area of benefit, abolish the South Walnut Creek Area of Benefit, and repeal prior area of benefit fee ordinances and resolutions, as recommended by the Public Works Director, Central County area. (100% Transportation Mitigation Fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Engineering Services   C. 8 ADOPT Resolution No. 2021/350 approving the Stormwater Management Facilities Operation and Maintenance Agreement for development plan permit DP16-03025, for a project being developed by Camino Diablo Storage LLC , as recommended by the Public Works Director, Walnut Creek area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 9 APPROVE the Fiscal Year 2021/22 Dougherty Valley Maintenance County Service Area M-29 budget totaling $27,341,086, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (100% County Service Area M-29 Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Claims, Collections & Litigation   C. 10 DENY claims filed by JuDon Cherry and Henry Newton.      AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Honors & Proclamations   C. 11 ADOPT Resolution No. 2021/360 recognizing the Hospice of the East Bay’s Tree of Lights Program on its 35th Anniversary, as recommended by Supervisor Mitchoff.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 12 ADOPT Resolution No. 2021/364 recognizing Shelter, Inc. on their 35th Anniversary, as recommended by Supervisor Mitchoff.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 13 ADOPT Resolution No. 2021/370 Launching the “2021 Counties Care – Holiday Food Fight”, as recommended by    C. 13 ADOPT Resolution No. 2021/370 Launching the “2021 Counties Care – Holiday Food Fight”, as recommended by Supervisor Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 14 ADOPT Resolution No. 2021/374 recognizing Veterans Day and honoring the veterans of Contra Costa County, as recommended by Supervisor Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Ordinances   C. 15 ADOPT Ordinance No. 2021-35 to repeal Article 24-2.2 of the County Ordinance Code establishing supervisorial districts after the 2010 decennial census, as recommended by the County Counsel.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appointments & Resignations   C. 16 ACCEPT the resignation of Megan Casey, DECLARE a vacancy in the Local Committee, City of Oakley seat on the Advisory Council on Aging for a term ending September 30, 2023, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 17 APPOINT Adam Falon to the Town of Danville seat on the Iron Horse Corridor Management Program Advisory Committee to replace and complete the term of Brittany Beech, for a term ending June 30, 2024, as recommended by Supervisor Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 18 APPOINT Matthew Cox to the Roads Commissioner seat and Kathy Urbelis to the President & Security Commissioner seat on the Diablo Municipal Advisory Council for terms ending December 31, 2024, as recommended by Supervisor Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 19 APPOINT Roxanne Carillo Garza as the District I Alternate to the Measure X Community Advisory Board, as recommended by Supervisor Gioia.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appropriation Adjustments   C. 20 Employment and Human Services Department (EHSD) (0501, 0504) / Plant Acquisition (0111): APPROVE Appropriation Adjustment No. 5008 in the amount of $1,105,000 to transfer appropriations from EHSD to the Public Works Department for three capital projects, as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Personnel Actions   C. 21 ADOPT Position Adjustment Resolution No. 25742 to reclassify one (1) Public Defender Fixed-Term (25WB) (represented) position number 17880, and its incumbent to Deputy Public Defender II (25VA) (represented) in the Office of the Public Defender. (100% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Leases   C. 22 ACCEPT the 2019-2020 Report of Real Estate Delegation of Leases and Licenses dated January 1, 2019 through December 31, 2020, as recommended by the Public Works Director, Concord and Pleasant Hill areas. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 23 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a license agreement with the State of California Highway Patrol, to authorize the state to access and use a portion of the County’s Nadeen Peak Telecommunications facility for a ten-year term beginning July 1, 2021, for payment to the County at an initial monthly fee of $200, Crockett area. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 24 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a license agreement with the State of California Highway Patrol, to authorize the state to access and use a portion of the County’s Vollmer Peak Telecommunications facility for a ten-year term, beginning July 1, 2021, for payment to the County at an initial monthly fee of $8,850, Orinda area. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 25 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a license agreement with the State of California Highway Patrol, to authorize the state to access and use a portion of the County’s Highland Peak Telecommunications facility for a ten-year term beginning July 1, 2021, for payment to the County at an initial monthly fee of $11,000, Morgan Territory area. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 26 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute, on behalf of the County, a HOME – American Rescue Plan Grant Agreement with the U.S. Department of Housing and Urban Development (HUD) to receive $12,090,215 to provide housing-related services. (General Fund, 100% Federal, no County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 27 APPROVE and AUTHORIZE the District Attorney, or designee, to execute a Cost Sharing Agreement with law enforcement agencies of the Contra Costa County Sexual Assault Response Team (SART) in an amount up to $25,150, for the period July 1, 2021 through June 30, 2022 for use of the Safe Evidence Management System. (100% Agency Reimbursements)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 28 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Diablo Crime Scene Cleaners in the amount of $1,000,000 for the period of August 1, 2021 through August 30, 2022, to provide standard crime scene and biological cleaning services, and specialized cleaning services to combat the spread of COVID-19. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 29 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Total Firearms    C. 29 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Total Firearms Training to increase the payment limit by $10,000 to a new amount of $225,600, to provide firearms range safety management for Sheriff's personnel and range visitors for the period January 1, 2020 through December 31, 2021. (70% General Fund, 30% Participant Fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 30 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Cox Commercial Flooring, Inc., in an amount not to exceed $2,000,000 to provide on-call flooring services at various County facilities, for the period January 1, 2022 through December 31, 2024, Countywide. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 31 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with All County Flooring, in an amount not to exceed $2,000,000 to provide on-call flooring services at various County facilities, for the period January 1, 2022 through December 31, 2024, Countywide. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 32 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with RJN, Inc. (dba H&N Enterprises, Inc.), in an amount not to exceed $2,000,000 to provide on-call weed abatement services at various County sites and properties, for the period November 1, 2021 through October 31, 2024, Countywide. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 33 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Aztec Consultants, effective October 19, 2021, to increase the payment limit by $3,000,000 to a new payment limit of $6,000,000 to provide on-call construction and repair services at various County facilities with no change to the term of September 8, 2020 through August 31, 2023, Countywide. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 34 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Manor Care-Tice Valley CA, LLC (dba Manorcare Health Services-Tice Valley), in an amount not to exceed $825,000 to provide skilled nursing facility services to Contra Costa Health Plan members for the period October 1, 2021 through September 30, 2024. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 35 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Bridge Medical Consultants, Inc., in an amount not to exceed $240,000 to provide neurology services to Contra Costa Health Plan members and County recipients for the period December 1, 2021 through November 30, 2024. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 36 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with M. Elder, D.D.S., A Professional Corporation, in an amount not to exceed $300,000 to provide oral and maxillofacial surgery services to Contra Costa Health Plan members and County recipients for the period December 1, 2021 through November 30, 2024. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 37 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment agreement with Northern California Cornea Associates, Inc., to increase the payment limit by $150,000 to a new payment limit of $450,000 for ophthalmology and optometry services for Contra Costa Health Plan members and County recipients with no change to the original term of April 1, 2021 through March 31, 2024. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 38 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with PH Senior, LLC (dba Pleasant Hill Manor), in an amount not to exceed $986,640 to provide augmented board and care services for Contra Costa County patients for the period December 1, 2021 through November 30, 2022. (91% Mental Health Realignment, 9% Mental Health Services Act)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 39 APPROVE and AUTHORIZE the Human Resources Director, or designee, to execute a contract amendment with Worxtime, LLC to increase the payment limit by $75,000 to a new payment limit of $300,000 and extend the term from December 31, 2021 to December 31, 2022. (100% Benefits Administration fee)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 40 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with CardioNet, LLC, in an amount not to exceed $250,000 to provide remote cardiac monitoring services for patients at Contra Costa Regional Medical Center and Contra Costa Health Centers for the period November 1, 2021 through October 31, 2022. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other Actions   C. 41 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999, and most recently approved by the Board on September 14, 2021, regarding the issue of homelessness in Contra Costa County, as recommended by the Health Services Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 42 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to issue a payment on behalf of the Public Works Director in the amount of $2,000 from County Service Area R-7, payable to the Alamo Rotary Foundation of Alamo for the holiday lights at Andrew H. Young Park, Alamo area. (100% County Service Area R-7 Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 43 APPROVE the delegation of authority to the County Treasurer for investing and reinvesting County funds and the funds of other depositors in the County treasury, or to sell or exchange securities so purchased, pursuant to section 53607 of the State Government Code.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 44 RECEIVE Civil grand jury Report No. 2102, entitled "Tele-Mental Health: Expansion of Remote Access to Care," and REFER to the County Administrator and the Health Services Director for response. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 45 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Diablo Medical Training, to provide supervised field instruction to phlebotomy externship students at Contra Costa Regional Medical Center and Health Centers for the period December 24, 2021 through December 23, 2024. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 46 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount up to $150,570 to Firstlocum, Inc. (dba Directshifts) for additional temporary specialty physician services provided to Contra Costa Regional Medical Center and Health Centers for the period July 1, 2021 through July 31, 2021. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 47 APPROVE clarification of Board Action of April 20, 2021 (Item C. 57), which approve and authorize the County    C. 47 APPROVE clarification of Board Action of April 20, 2021 (Item C. 57), which approve and authorize the County Treasurer-Tax Collector to execute a software and services agreement with Emphasys Computer Solutions, to clarify that the entire first year cost of $109,600 for the implementation and training, licenses, maintenance and support, and hosting will be funded via the Finance System replacement project (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 48 Acting as the governing board of the West Contra Costa Healthcare District: ACKNOWLEDGE the recommendations of the West Contra Costa Healthcare District (the “District”) Finance Committee and of the Debt Affordability Advisory Committee to approve the refunding of the 2018 and 2019 Bonds in the principal amount of approximately $44,745,000; ACKNOWLEDGE the refunding of existing debt will result in estimated total savings of $9 million in debt service; ADOPT Resolution 2021/381, approving the issuance by the District of its West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 (the “Bonds”) to refund the District’s 2018 and 2019 Bonds; and AUTHORIZE the forms and direct the execution and delivery of the financing documents, and the taking of necessary actions. (Cost savings)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 96 hours prior to that meeting are available for public inspection at 1025 Escobar Street, First Floor, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 1025 Escobar Street, First Floor, Martinez, CA 94553 or to clerkoftheboard@cob.cccounty.us. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 655-2000. An assistive listening device is available from the Clerk, First Floor. Copies of recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 655-2000, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 1025 Escobar Street, Martinez, California. Subscribe to receive to the weekly Board Agenda by calling the Office of the Clerk of the Board, (925) 655-2000 or using the County's on line subscription feature at the County’s Internet Web Page, where agendas and supporting information may also be viewed: www.contracosta.ca.gov STANDING COMMITTEES The Airport Committee (Supervisors Karen Mitchoff and Diane Burgis) meets quarterly on the second Wednesday of the month at 11:00 a.m. at the Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors John Gioia and Candace Andersen) meets on the fourth Monday of the month at 9:00 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Finance Committee (Supervisors John Gioia and Karen Mitchoff) meets on the first Monday of the month at 9:00 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Hiring Outreach Oversight Committee (Supervisors Federal D. Glover and John Gioia) meets quarterly on the first Monday of the month at 10:30 a.m.. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Internal Operations Committee (Supervisors Candace Andersen and Diane Burgis) meets on the second Monday of the month at 10:30 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Legislation Committee (Supervisors Karen Mitchoff and Diane Burgis) meets on the second Monday of the month at 1:00 p.m. in Room The Legislation Committee (Supervisors Karen Mitchoff and Diane Burgis) meets on the second Monday of the month at 1:00 p.m. in Room 110, County Administration Building, 1025 Street, Martinez. The Public Protection Committee (Supervisors Andersen and Federal D. Glover) meets on the fourth Monday of the month at 10:30 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Sustainability Committee (Supervisors Federal D. Glover and John Gioia) meets on the fourth Monday of every other month at 1:00 p.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Candace Andersen and Karen Mitchoff) meets on the second Monday of the month at 9:00 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. Airports Committee December 8, 2021 11:00 a.m.See above Family & Human Services Committee November 22, 2021 Canceled Special meeting November 15, 2021 3:00 p.m.See above Finance Committee December 6, 2021 Canceled 9:00 a.m.See above Hiring Outreach Oversight Committee December 6, 2021 10:30 a.m.See above Internal Operations Committee December 13, 2021 Canceled 10:30 a.m.See above Legislation Committee December 13, 2021 1:00 p.m.See above Public Protection Committee November 22, 2021 Canceled December 27, 2021 Canceled 10:30 a.m.See above Sustainability Committee November 22, 2021 1:00 p.m.See above Transportation, Water & Infrastructure Committee December 13, 2021 9:00 a.m.See above AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BayRICS Bay Area Regional Interoperable Communications System BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission CTC California Transportation Commission dba doing business as DSRIP Delivery System Reform Incentive Program EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development IHSS In-Home Supportive Services Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Policy Act OB-GYN Obstetrics and Gynecology O.D. Doctor of Optometry OES-EOC Office of Emergency Services-Emergency Operations Center OPEB Other Post Employment Benefits OSHA Occupational Safety and Health Administration PARS Public Agencies Retirement Services PEPRA Public Employees Pension Reform Act Psy.D. Doctor of Psychology RDA Redevelopment Agency RFI Request For Information RFP Request For Proposal RFQ Request For Qualifications RN Registered Nurse SB Senate Bill SBE Small Business Enterprise SEIU Service Employees International Union SUASI Super Urban Area Security Initiative SWAT Southwest Area Transportation Committee TRANSPAC Transportation Partnership & Cooperation (Central) TRANSPLAN Transportation Planning Committee (East County) TRE or TTE Trustee TWIC Transportation, Water and Infrastructure Committee UASI Urban Area Security Initiative VA Department of Veterans Affairs vs. versus (against) WAN Wide Area Network WBE Women Business Enterprise WCCTAC West Contra Costa Transportation Advisory Committee RECOMMENDATION(S): See attached PDF Board Order. FISCAL IMPACT: . BACKGROUND: . APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: David Twa, 925-383-7493 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D. 1 To:Board of Supervisors From:Monica Nino, County Administrator Date:November 9, 2021 Contra Costa County Subject:Public Hearing and Report on Contra Costa County Board of Supervisors 2021 Redistricting Process CLERK'S ADDENDUM Speakers: Resident of Richmond; Helen; Eddie Morris, NAMI Contra Costa; Edi Birsan, Concord City Council; Resident of Hercules; Kristi Laughlin, East Bay Alliance for a Sustainable Economy; Antoine Clorid; Anna Marie Avilas, Irene; Addie; Cora Mitchell. ADOPTED the recommendations as listed in the Board Order; and DIRECTED staff to prepare Map D for Boards consideration at the November 23, 2021 hearing. ATTACHMENTS Board Order Attachment A Attachment B Attachment C Attachment D 1 D.1 To: Board of Supervisors From: Monica Nino, County Administrator Date: November 9, 2021 Subject: PUBLIC HEARING, Report and Direction on Contra Costa County Board of Supervisors 2021 Redistricting Process _________________________________________________________________________________________ Recommendations: 1. OPEN Public Hearing on the Contra Costa County Board of Supervisors 2021 redistricting process; RECEIVE report on the 2021 redistricting process; RECEIVE testimony; and CLOSE the Public Hearing; and 2. ACCEPT the report from David Twa, representing the County Administrator’s Office and from staff of the Department of Conservation and Development (DCD) GIS division, on redistricting efforts to date; update the Board and the public on Supervisorial District Workshops held October 23, 2021 through October 28, 2021; provide a summary of Community of Interests proposals and supervisorial district map proposals submitted by the public; review the criteria for adopting new district boundaries/maps; present concept drafts of possible supervisorial district maps; receive input from the public; and receive direction from the Board of Supervisors on the structure of a final map or final map alternatives and related matters; and 3. DIRECT David Twa, representing the County Administrator’s Office and the DCD GIS Mapping staff, to prepare a final map or final map alternatives for consideration by the Board of Supervisors at the November 23, 2021 9:00 AM Public Hearing. Fiscal Impact: The County Administrator's Office, Department of Conservation and Development (DCD) County Counsel and Clerk-Recorder’s offices will incur staff and other costs to facilitate the 2021 Board redistricting process, including preparing map alternatives, arranging, and conducting Public Hearings/Workshops/training sessions, preparing public notices and other public outreach materials, and to maintain a webpage dedicated to the 2021 redistricting process. Total costs are estimated to be $300,000. 2 Background: On August 10, 2021, the Board of Supervisors conducted the first Public Hearing on adjustment of supervisorial district boundaries for 2021. The Board accepted reports from David Twa, representing the County Administrator's Office, Kristine Solseng, Department of Conservation and Development GIS Mapping staff; and Debi Cooper, County Clerk-Recorder, on the 2021 Board of Supervisors redistricting efforts to date, including development of the www.CoCoRedistricting.org Website; DistrictR Mapping program; Community of Interests forms; and public outreach. California law (Elections Code section 21500 et. seq.) requires the Board of Supervisors to approve supervisorial district boundaries following each federal decennial census so that district boundaries are “substantially equal in population.” (Elec. Code, § 21500(a)). The State block-level redistricting database, which is based on official 2020 U.S. Census data, must be used to determine supervisorial district boundaries. The boundaries will remain in effect until redistricting following the next decennial census. The Board must adopt the new district boundaries no later than December 15, 2021. The U.S. Census Bureau normally would have released the official data necessary for the County to begin the redistricting process by April 1,2021 the year following completion of the census. However, the official data was not released until August 12, 2021, in ‘Legacy’ data format. Legacy data provides a breakdown of population changes in a summary format that often requires either a third party or a data expert to download and analyze the data sets. Legacy data may provide an approximate breakdown of population changes for the County and the Supervisorial Districts. However, it is the California State Adjusted Redistricting data that is required to be used for redistricting. That data was released September 20, 2021, and showed Contra Costa County population increased from 1,049,025 in 2010 to 1,168,064 in 2020. This increase in population of 119,039 represented a 11.35% increase in population, but the increase was not evenly distributed across the County, or the Supervisorial Districts. On October 5, 2021, the Board of Supervisors conducted the Second Public Hearing on adjustments of supervisorial district boundaries for 2021. The Board accepted reports from David Twa, representing the County Administrator's Office, and Kristine Solseng, Department of Conservation and Development GIS Mapping staff, on the 2021 Board of Supervisors redistricting efforts to date, including, the population increase and deviation from the mean; population breakdown by race and ethnicity; and the public outreach to date. The data showed that the population increase was not evenly distributed across the County, or the Supervisorial Districts. While the goal is to create districts that are substantially equal in population, the law recognizes that there are many reasons why some deviation in population between districts will occur in order to meet all Federal and State legal requirements including the California Fair Maps Act. Considerations include respecting the geographic integrity of a city, or of a census designated place, or of a local Community of Interest. Because of this a deviation of plus or minus 5% is generally acceptable as long as other legal requirements are met. The current deviation range in Contra Costa County between the greatest plus District deviation (+4.35%) to the greatest minus District deviation (-3.56%) is (7.91%) and is within the legal requirements. 3 At the October 5, 2021, Second Public Hearing, the Board also discussed areas that might require adjustment of the current supervisorial boundaries due to changes in population and to better align Community of Interests. Based on the discussion, staff created five (5) concept drafts of possible supervisorial maps for the Board’s consideration. The concept drafts were posted on the County’s Dedicated Redistricting Website (WWW.CoCoRedistricting.org). COMMUNITY ONLINE WORKSHOPS At the August 10, 2021 First Public Hearing, the Board had directed staff to provide training to members of the public on the Dedicated Redistricting Website and how they could use the DistrictR modules to submit Community of Interest suggestions and draw potential Supervisorial District Maps for consideration by the Board of Supervisors. Contra Costa County hosted Three Community Online Technical Workshops for the public to learn how the online mapping application works. Two Community Workshop were conducted in English, one on September 15, 2021, second on October 14, 2021. A third workshop was conducted in Spanish on October 13, 2021. These workshops were presented online and attended by a total of 24 members of the public. After a welcoming introduction by Chair Diane Burgis, DistrictR trainers explained how the DistrictR Mapping system worked and gave examples of how to draft suggested Community of Interests and Supervisorial District Maps. The complete videos of these sessions are available on our Dedicated Redistricting Website (WWW.CoCoRedistricting.org). On October 19, 2021, at 6:15 PM, the Board of Supervisors conducted the Third Public Hearing on adjustment of supervisorial district boundaries for 2021. The Board accepted reports from David Twa, representing the County Administrator’s Office and Kristine Solseng, Department of Conservation and Development GIS mapping staff on the2021 Board of Supervisors redistricting efforts to date. Staff also presented five Concept maps attempting to capture all the different comments by Supervisors and the public to show possible supervisorial districts that would comply with State and Federal requirements and would be within the maximum deviation of plus or minus 5%. Each concept map also contained the Citizen Voting Age population (CVAP) and racial and ethnic breakdown by district showing compliance with legal requirements to ensure compliance with the Voting Rights Act. Because citizenship status was not asked during the 2020 census, the Statewide Database publishes a census block level allocation of the CVAP population based on the American Community Survey 2015-2019 5-year block groups, and that information was included in the analysis. Based on a demographic analysis of the race and ethnicity data and the Citizen Voting Age Population data (CVAP) by Supervisorial District we believe that all proposed concept maps meet the requirements of State and federal law. As directed by the Board, staff established locations for six (6) public supervisorial workshops which were held on the following days and locations: Saturday, October 23, 2021, at 9:00 AM at the San Ramon City Hall, 7000 Bollinger Canyon Road, San Ramon 94583 and hosted by Supervisor Candace Andersen. 4 Sunday, October 24, 2021, at 12:00 NOON County Board chambers, 1025 Escobar Street, Martinez 94553 by zoom only and hosted by Supervisor Diane Burgis. Monday, October 25, 2021, at 7:00 PM at the Pleasant Hill Community Center – Perera Pavilion, 320 Civic Drive, Pleasant Hill 94523 and hosted by Supervisor Karen Mitchoff. Tuesday, October 26, 2021, at 7:00 PM County Board chambers, 1025 Escobar Street, Martinez 94553 by zoom only and hosted by Supervisors Diane Burgis and Federal Glover. Wednesday, October 27, 2021, at 6:30 PM at the San Pablo City Hall, 1000 Gateway Avenue, San Pablo 94806 hosted by Supervisor John Gioia. Thursday, October 28, 2021, at 7:00 PM County Board chambers, 1025 Escobar Street, Martinez 94553 zoom only hosted by Supervisor Federal Glover. Each workshop provided background on the redistricting process, presented potential boundary changes (map alternatives), answered questions, and receive input. Depending on COVID-19 restrictions, some of the workshops were in-person, or by Zoom, call-in, or some combination of those alternatives. For the six (6) Workshops, a total of 21 individuals provided public comment, either in person or by Zoom or phone call; and an additional 72 individuals were on the Zoom or call-in portions of the Workshops but chose not to speak. Participants comments included questions on how to use the DistrictR Mapping Program; keeping Community of Interests together; questions on race and ethnicity break down by individual supervisorial districts; and ideas on design of individual supervisorial districts. All workshops were broadcast on CCTV and video recorded. The videos have been posted on the County’s Dedicated Redistricting Website (www.CoCoRedistricting.org). As of November 1, 2021, members of the public have used the DistrictR Mapping program to create 5 Community of Interests maps and 9 Drafts of proposed supervisorial maps, along with 5 written comments on the Community of Interests or District maps. All submissions as of November 1, 2021, are included as Attachment A. INTERDEPARTMENTAL LEADERSHIP GROUP The County Administrator’s Office has established an interdepartmental leadership group to provide oversight/management of the redistricting process. The leadership group is comprised of the County Administrator, or designee, Department of Conservation & Development (DCD), County Counsel, Department of Information and Technology, and the Clerk-Recorder. PUBLIC OUTREACH A Redistricting webpage on the County’s website in multiple languages, was established as of August 04, 2021 and is the primary portal for public information and access. The public may use the website to provide feedback and comments. The website will remain on the County’s homepage for ten years and can be accessed at www.CoCoRedistricting.org The interactive features accessible on the website will enable the public and all interested parties to draw and submit their own supervisorial district map proposals and Community of Interest suggestions. Our public outreach will use electronic or web-based communication to the greatest extent possible, including the new dedicated website with area for comments, public access to maps, census data tabulation, record of comments, and regular bi-weekly updates. 5 The current public outreach includes press releases to local newspapers, public notices on County website, CCTV, contact with City Managers, the Mayor’s Conference, and community groups. These outreach efforts provide multiple avenues for the public to provide comments, including, but not limited to, letters, email, and website comments. This direct outreach to targeted groups/communities is designed to ensure their awareness and participation in the process. Susan Shiu, Director of the Office of Communications and Media, and her staff have been very active as part of the redistricting public outreach, including media coverage, news releases to the major news outlets, targeted outreach to ethnic media with translated information, collaboration with the County Library system and the Richmond Library to have printed flyers at locations and promotion on websites, expanded use of social media platforms, website promotion from County departments to reach diverse clients and partners, website enhancements with multilingual graphics and information, and numerous email messages to our redistricting Subscribers list. Currently we have 272 subscribers, including online signups, Census grantees and outreach partners, community organizations, City managers and others. Redistricting information, including videos and ways to share input, on the County website and the dedicated redistricting Website www.CoCoRedistricting.org have received 7,060 views to date. While Social Media Outreach has included 263,875 overall views and engagements on Twitter and Nextdoor. The complete redistricting Communications Report is included as Attachment B. PUBLIC HEARINGS AND ORDINANCE OR RESOLUTION ADOPTION In 2011 the Board of Supervisors adopted the Supervisorial Districts by ordinance. Based on recently passed legislation, on November 9, 2021, the Board will consider repeal of the current ordinance. This will allow the Board to adopt supervisorial district boundaries by resolution. On November 23, 2021, if the Board adopts a final Redistricting Resolution, then adoption occurs as of that date. DRAFT FINAL MAP PROPOSALS FOR BOARD DISCUSSION ON NOVEMBER 9, 2021 Based on: the Board of Supervisors discussions during the first three Public Hearings; the six public supervisorial workshops held between October 23 and October 28, 2021; public comment received at the Public Hearings and Public workshops; publicly drawn Community of Interests maps and publicly proposed supervisorial district maps; all emails and correspondence received to date; and working with the Department of Conservation and Development (DCD) GIS mapping staff, four (4) refined concept drafts of possible supervisorial district maps are presented for the Board’s consideration. Attachment C. The late release of the Official California State Adjusted Redistricting Data required the county to establish a condensed timeline and expedited, outreach strategy to meet the December 15, 2021 Deadline for adoption of the supervisorial districts. THE REMAINING SCHEDULE IS AS FOLLOWS: On November 23, 2021, the Board will conduct the Fifth Public Hearing at 9:00 AM to receive an update on additional public input on Community of Interest suggestions, and on publicly drawn supervisorial district maps received; review the criteria for adopting redistricting maps; review a proposed final supervisorial district map or final supervisorial district map alternatives; receive public input; and for Board of Supervisors to consider adopting a resolution that sets the final map. December 15, 2021 - Statutory deadline to complete redistricting (CA Elections Code section 21501(a)(2)). 6 Consequence of Negative Action: State law requires at least four (4) public hearings, and at least one public hearing or public workshop must be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday (Monday through Friday). The Board’s Public Hearing and workshop schedule meets the requirements of State Law. Failure to schedule at least four Public Hearings may result in the County not being in compliance with the legal requirements for approving supervisorial district boundaries. ATTACHMENT A Community of Interests & Map Proposals ATTACHMENT B Public Outreach Communications Report ATTACHMENT C Proposed final supervisorial district map alternatives ATTACHMENT D PowerPoint Attachment A Contra Costa County Redistricting Community Input Summary October 13 – November 3, 2021 Redistricting is the once-a-decade process of redrawing the boundaries for Supervisorial districts after the U.S. Census. The County is committed to a robust public outreach process. The following public comments have been submitted through November 2, 2021. Maps and comments are attached. In addition to comments received through the District Comment Portal, online form submissions, emails and letters, six Community Redistricting Workshops were hosted by individual supervisors between October 23 and October 28, 2021. Key Takeaways October 13, 2021 through November 3, 2021 1. Most of the comment were received during the Community Redistricting Workshops or on the Public Comment Portal after a workshop. Most of the Public input centered on the desire to keep Concord whole. Other comments include: • Requests to increase community outreach efforts • Consider school districts for communities of interest • Request to see more race/ethnicity data • Consider adding Hercules to District 1 • Comments related to specific map concepts presented Key Takeaways September 28, 2021 through October 12, 2021: 1. Only one new commentator on the Districtr Comment Portal, with two different options. The commenter focused on communities of interest, especially social-economic interests. Key Takeaways through September 27, 2021 1. Much of the public comment received through the Districtr portal centers on communities of interest in District 2. The following outlines key issues related to District 2: • Diablo and Blackhawk should be part of District 2 as they are part of the San Ramon Valley • Lamorinda should be kept together and in District 2 • Portions of unincorporated Contra Costa County in Lafayette Schools should be with Lafayette and in District 2. 2. The remainder of the comments centered on keeping al cities or specific portions of a city together a. The Democratic Party of Contra Costa County asked that all cities be kept intact b. One COI submission (Kate) indicated Downtown Walnut Creek and adjacent neighborhoods should be in the same district. Community Workshops • 78 of people attended o In Person Attendees: 7 unique attendees o Remote Attendees: 71 unique attendees o Phone in Attendees: 0 attendees • 21 public comments were received at the community workshop. A summary of comments is attached. Attachment A Districtr Redistricting Comment Portal: Community of Interest Maps • C6054: Keep Concord together Community of Interest Maps Submitted between September 28 and October 12, 2021 • No new Community of Interest Maps Community of Interest Maps Submitted through September 27, 2021 • C2632: Northern Waterfront • C2635: Downtown Walnut Creek • Note: Ag Core was submitted by staff as an example Districtr Redistricting Comment Portal: District Maps • P5839: Contra Costa Hearld proposed map • P6261: Concord Whole Variant Staff 5 with 7.3% o Leslie Stewart Comment 1 (11/2/2021) o Leslie Stewart Comment 2 (11/2/2021) • P6263: All Cities whole V2 6.2% variance o 1 Comment (11/2/2021) District Maps Submitted through between September 28 and October 12, 2021 • P5142: Why grouping commonalities is important • P5147: Encouraging like minded advancement District Maps Submitted through September 27, 2021 • P4715: Ron’s District Map • P4717: Ron’s #2 Map • P4925: Ron’s #3 • P4926: Add Blackhawk and Diablo to District 2 Districtr Redistricting Comment Portal: Written Testimony • W5996: Keep Concord Whole • W6053: Mt Diablo Unified School District • W6055: District Map 5 • W6262: All Cities Kept Whole 9.09 variance V.1 Written Testimony Submitted between September 28 and October 12, 2021 • No new written testimony Written Testimony Submitted through September 27, 2021 • W4783 - District 2 Online Forms • Stephen McCaffree (October 31, 2021) Online Form Submissions Received through October 12, 2021 • No Submissions Attachment A Emails and Letters • Brenna Fleck: County Office of Education (October 18, 2021) • Email to Board of Supervisors from Adria Orr, Asian Americans Adviance Justice - Asian Law Caucus. Email includes letter and best practices attachments (October 21, 2021) • Email from Lindy Johnson to the Clerk of the Board (October 25, 2021) • Email from Jane Courant (November 1, 2021) • Email from Wendy McAuley with letter from Timothy McGallian, Mayor City of Conrod (November 3, 2021) • Email from Stephen McCarfee (November 3, 2021) • Email from Barbara Kuklewicz (November 3, 2021) • Email from Adria Orr, Asian Americans Advancing Justice, with letter from coailition of community based organizations (November 3, 2021) Emails and Letters Received between September 28 and October 12, 2021 • No New Emails or Letters received Emails and Letters Received through September 27, 2021 • Letter from the Democratic Party of Contra Costa County via Supervisor Gioia • Email to Roger Chelemedos via Supervisor Andersen. Contra Costa County Redistricting Community Workshop Summary October 23 – October 28, 2021 The six Community Redistricting Workshops provided background on the Redistricting Process, provided an overview of website and online mapping tool, presented potential Supervisorial district boundary changes (map alternatives), answered questions, and received community input. A total of 78 members of the public attended the workshops, with 71 attending remotely and 7 attending in person. Saturday, October 23, 2021 @ 9:00 AM Hosted by: Supervisor Candace Andersen (District 2) Workshop held in person and remote Location: San Ramon City Hall, 7000 Bollinger Canyon Rd, San Ramon 94583 Link to Video of District 2 Workshop Number of attendees: 8 • In person: 3 attendees • Remote: 5 • Call In: 0 Public Comment: • Edi Birsan Wants to keep Concord together in one supervisorial district. Each of the concepts presented divides Concord in a harmful way that cuts out two major areas of development. • Anamarie Avila Farias Asked if changing the number of districts had been considered (from 5 to 7). Thanked Supervisor Andersen for pointing out the gerrymandering during the last redistricting process. Agrees that we should not be splitting up cities. Doesn’t see much improvement on the maps. Wants to see people of color’s voices lifted up through this process. Sunday, October 24, 2021 @12:00 Noon Hosted by: Supervisor Diane Burgis (District 3) Workshop held remotely Link to Video of District 3 Workshop Number of attendees: 9 • Remote: 9 attendees • Call In: 0 Public Comment: • Shawn Gilbert Inquired regarding that there are so many citizen commissions, why is the BOS responsible for redistricting. Asked out of the 5 maps, if one district loses population how does its effect voting on issues. And, asked if the variance of maps if race is considered. • Champagne Brown Stated that the information presented was easy to follow and she will be learning more over the next week regarding the process. She was disappointed with outreach to the communities’ base on there not being a lot of people in the Zoom meeting. • Courtney Masalla-Obrien Is disappointed with the outreach. • Nadine Peyrucain Interested in growth statistics and climate change predictions. Monday, October 25, 2021 @ 7:00 PM Hosted by: Supervisor Karen Mitchoff (District 4) Workshop held in person and remote Location: Pleasant Hill Community Center, 320 Civic Drive, Pleasant Hill, CA 94523 Link to Video of District 4 Workshop Number of attendees: 35 • In person: 4 • Remote: 31 attendees • Call In: 0 Public Comment: • Tim Carr Resident of Concord; would like Concord to be in one supervisorial district; having the new housing development in Bay Point (Seeno) and the Naval Weapons Station project under the jurisdiction of the same Supervisor is concerning and should be separate districts • Edi Birsan Wants to keep Concord whole, in one Supervisorial District. He notes that consideration should be of the current population and not a predicted future one • Suzanne Please do all that is possible to keep the city of Concord whole • Cora Mitchell A Concord resident, requests that many levels of oversight be in place in regard to the Seeno project; and expressed that the large development in Bay Point and the future one at the Naval Weapons Station should be in separate Supervisors’ control • Kevin Cabral Resident of Concord, would like the airport and the Naval Weapons Station development to remain in the same district with the City of Concord. Prefers Concord remain whole. • Cherise Khaund, Keep Concord whole • Ady Orr Keep Concord whole, splitting school districts is troublesome; downtown Concord and the Monument corridor, school districts and airport should be in the same district. • Carlyn O’Bringer Keep Concord whole. If that is not possible, the Northern Waterfront Initiative should be overseen by 3 supervisors. • Stephen McCaffree Concerned about the Hillcrest community being separated from Concord and would like to know what the advantages and disadvantages of that would be. • John Haberson Noted that none of the maps adds up to 100%. Would like to see Concord kept whole. Tuesday, October 26, 2021 @ 7:00 PM Hosted by: Supervisors Diane Burgis and Federal Glover (Districts 3 and 5) Workshop held remotely Link to Video of District 3 and 5 Workshop Number of attendees: 13 • Remote: 13 • Call In: 0 Public Comment: • Shawn Gilbert Had a question about the squiggly-ness of the lines in the Antioch city lines. Inquires as to why some maps divide Concord in unique ways. Wants to know the rationale for map divisions. • Cheryl Sudduth Reiterates that when people are playing with the maps that they know that when you move around communities that there is a legal premise behind it. • Willie Mims Wants to know which draft map most closely mirrors the current district map Wednesday, October 27, 2021 @ 6:30 PM Hosted by: Supervisor John Gioia (District 1) Workshop held in person and remote Location: San Pablo City Hall, 1000 Gateway Ave, San Pablo, CA 94806 Link to Video of District 4 Workshop Number of attendees: 22 • In person: 1 • Remote: 21 • Call In: 0 Public Comment: • Vanessa Warheit Interested in whether the drawing of the Supervisorial District Maps impacted in any way the drawing of other maps such as school district boundaries • Rita Barouch Inquired whether video of the workshops would be available on the dedicated website Thursday, October 28, 2021 @ 7:00 PM Hosted by: Supervisor Federal Glover (District 5) Workshop held remotely Link to Video of District 5 Workshop Number of attendees: 4 • Remote: 4 • Call In: 0 Public Comment: There was no one wishing to speak S a n RiverS t r a itCarquinez BigBreak San Leandro Reservoir Los Vaqueros Reservoir BrionesReservoir San Pablo Reservoir CliftonCourtForebay FranksTract HonkerBay SuisunBaySanPabloBay SanFranciscoBay Sacramento RiverJoaquinOld RiverFormer Concord Naval Weapons Station ByronAirport Military OceanTerminal Complex MtDiablo BuchananAirport Chevron Marathon Philips66 KellerCanyonLandfill West Co.Landfill Martinez MorganTerritory TassajaraValley AgriculturalCore ByronTract ConeyIsland QuimbyIsland OrwoodTract PalmTract VealeTract BixlerTract HollandTract JerseyIsland BradfordIsland WebbTract WinterIsland BrownsIsland FranklinCanyon BollingerCanyon VascoHills Briones Canyon SandmoundSlough Refinery Bethel Island Kensington El Sobrante Rodeo Crockett Alamo Knightsen Discovery Bay Byron Bay Point Pacheco Blackhawk Diablo Port Costa Clyde North Richmond Saranap ContraCostaCentre Mt View Vine Hill Tara Hills Montalvin Manor Bayview East Richmond Heights San Miguel North Gate Reliez Valley Alhambra Valley Rollingwood Shell Ridge Acalanes Ridge Castle Hill Camino Tassajara Norris Canyon HERCULES PINOLE RICHMOND MARTINEZ CONCORD PLEASANTHILL WALNUTCREEK LAFAYETTE CLAYTON ANTIOCH OAKLEY BRENTWOOD SANRAMON ORINDA MORAGA ELCERRITO SAN PABLO PITTSBURG DANVILLE PINOLE WALNUTCREEK ANTIOCH }ÿ4 }ÿ24 }ÿ242 }ÿ160 }ÿ4 }ÿ4 }ÿ4 §¨¦80 §¨¦80 567J4 §¨¦580 §¨¦80 §¨¦680 §¨¦680 §¨¦680 §¨¦680 }ÿ4}ÿ4 }ÿ4 }ÿ4 }ÿ24 BERKELEY OAKLAND SAN FRANCISCO DUBLIN ALAMEDA PIEDMONT ALBANY EMERYVILLE BENICIA VALLEJO SAN LEANDRO LIVERMORE TRACY DALY CITY Castro Valley Mountain House C O N T R A C O S T A C O U N T Y NOTE: Data is presented as it is submitted in DistrictR online mapping tool. Prepared by the Department of Conservation and Development - GIS Group for the November 9, 2021 Board of Supervisors Public Hearing. Data Source:Districtr Online Mapping tool submissions I live in North Concord. We are directly conected to the City of Concord. (shop in Concord, use Concord library etc. The schools Sun Terrace, Holbrook, and Wren are interconnected & should all be in the same district. We have littleconnection with Pittsburg or Martinez. Please keep us with the rest of Concord. Largest city in CCosta Submitted Community of Interest:Keep Concord Together 0 3.5 71.75 Miles ¯ Written Description from Submission Community of Interest Submission c6054Keep Concord Together C O N T R A C O S T A C O U N T Y 1.64%Written Description from SubmissionConcept Total Variation 2021 Population Population by District Community Submission p5839Contra Costa Herald proposed map - Overview Map and Data This map creates districts with the least population deviation while also respecting both city boundaries, except for two of three largest, Concord and Antioch, as well as unincorporated communities. It keeps all of the San Ramon Valley communities together unlike the current districts, and the districts are as compact as possible. In the cases of the split cities, in general, it uses major streets as the dividing lines. Population: 1,168,069Equal Distribution: 233,614Citizen Voting Age Population(CVAP): 761,065 35 21 4 ANTIOCH CONCORD OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre 1 5 2 43 Prepared by the Department of Conservation and Development - GIS Group for the November 9th, 2021 Board of Supervisors Public Hearing. Data Source: 2021 California State Redistricting Data, Adjusted P.L 94-171 Redistricting Data and block level Citizen Voting Age Population (CVAP), Districtr online mapping submissions NOTE: Data is presented as it is submitted in DistrictR online mapping tool. District names may differ from current district names. Not all blocks may be assigned a district. Calcuations are based on assigned blocks only, except County CVAP District 1 District 2 District 3 District 4 District 5 0 5 102.5 Miles ¯Unassigned Population: 20Unassigned CVAP: 11 Current Supervisorial Boundaries Demographic AnalysisRace and Ethnicity by District Total Population - Race and Ethnicty Citizen Voting Age Population (CVAP)Race and Ethnicty District Population Variance Percent District 1 232,158 (1,455) -0.62% District 2 232,453 (1,160) -0.50% District 3 235,996 2,383 1.02% District 4 234,517 904 0.39% District 5 232,925 (688) -0.29% Total Latino White Black Asian Other 19,252 123,716 3,724 69,692 15,774 8.3%53.3%1.6%30.0%6.8% 73,710 84,836 28,613 27,430 17,864 31.7%36.5%12.3%11.8%7.7% 95,002 51,361 33,300 40,757 15,576 40.3%21.8%14.1%17.3%6.6% 82,189 68,117 26,723 40,691 16,797 35.0%29.0%11.4%17.4%7.2% 45,269 127,847 6,632 35,975 17,202 19.4%54.9%2.8%15.4%7.4% 315,422 455,877 98,992 214,545 83,213 27.0%39.0%8.5%18.4%7.1% District 2 232,453 District 1 232,158 District 3 235,996 District 4 234,517 District 5 232,925 County 1,168,049 Total Latino White Black Asian Other 9,713 102,427 2,350 29,904 4,543 6.5%68.8%1.6%20.1%3.1% 35,534 75,590 20,714 14,720 7,674 23.0%49.0%13.4%9.5%5.0% 35,136 45,392 27,282 26,035 6,414 25.1%32.4%19.5%18.6%4.6% 36,059 63,763 18,277 24,779 7,529 24.0%42.4%12.2%16.5%5.0% 21,271 113,922 5,060 20,158 6,808 12.7%68.1%3.0%12.1%4.1% 137,713 401,094 73,683 115,596 32,968 18.1%52.7%9.7%15.2%4.3% District 1 148,937 District 5 167,219 County 761,054 District 2 154,232 District 3 140,259 District 4 150,407 C O N T R A C O S T A C O U N T Y 13.38%Written Description from SubmissionConcept Total Variation 2021 Population Population by District Community Submission p6261Concord Whole Variant Staff 5 with 7.3% - Overview Map and Data This proves that Concord can be kept as a whole city which is by definition a Community of Interest without going over the 10% variation. In fact it is only 7.3% Population: 1,168,069Equal Distribution: 233,614Citizen Voting Age Population(CVAP): 761,065 35 21 4 ANTIOCH CONCORD OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre 1 5 2 4 3 Prepared by the Department of Conservation and Development - GIS Group for the November 9th, 2021 Board of Supervisors Public Hearing. Data Source: 2021 California State Redistricting Data, Adjusted P.L 94-171 Redistricting Data and block level Citizen Voting Age Population (CVAP), Districtr online mapping submissions NOTE: Data is presented as it is submitted in DistrictR online mapping tool. District names may differ from current district names. Not all blocks may be assigned a district. Calcuations are based on assigned blocks only, except County CVAP District 1 District 2 District 3 District 4 District 5 0 5 102.5 Miles ¯Unassigned Population: 0Unassigned CVAP: 0 Current Supervisorial Boundaries Demographic AnalysisRace and Ethnicity by District Total Population - Race and Ethnicty Citizen Voting Age Population (CVAP)Race and Ethnicty District Population Variance Percent District 1 236,024 2,411 1.03% District 2 244,847 11,234 4.81% District 3 222,815 (10,798) -4.62% District 4 247,819 14,206 6.08% District 5 216,564 (17,049) -7.30% Total Latino White Black Asian Other 95,007 51,371 33,307 40,760 15,579 40.3%21.8%14.1%17.3%6.6% 19,790 133,513 3,878 71,376 16,290 8.1%54.5%1.6%29.2%6.7% 69,646 81,584 27,937 26,368 17,280 31.3%36.6%12.5%11.8%7.8% 53,950 129,832 7,484 37,635 18,918 21.8%52.4%3.0%15.2%7.6% 77,032 59,581 26,393 38,409 15,149 35.6%27.5%12.2%17.7%7.0% 315,425 455,881 98,999 214,548 83,216 27.0%39.0%8.5%18.4%7.1% District 5 216,564 County 1,168,069 District 3 222,815 District 4 247,819 District 1 236,024 District 2 244,847 Total Latino White Black Asian Other 35,140 45,403 27,283 26,038 6,414 25.1%32.4%19.4%18.6%4.6% 9,963 112,506 2,540 31,021 4,633 6.2%70.0%1.6%19.3%2.9% 33,442 71,901 20,207 14,292 7,539 22.7%48.8%13.7%9.7%5.1% 25,594 115,296 5,363 21,060 7,498 14.6%66.0%3.1%12.0%4.3% 33,577 55,992 18,291 23,188 6,884 24.3%40.6%13.3%16.8%5.0% 137,716 401,098 73,684 115,599 32,968 18.1%52.7%9.7%15.2%4.3% District 5 137,932 County 761,065 District 2 160,663 District 3 147,381 District 4 174,811 District 1 140,278 Concord Whole Variant Staff 5 with 7.3% Basic Info Submitter: Edi Birsan Location: Concord Submitted on: 10/31/2021 Type: plan Supervisorial Districts ID: p6261 Tags More Info This proves that Concord can be kept as a whole city which is by definition a Community of Interest without going over the 10% variation. In fact it is only 7.3% Comments & Feedback 11/2/2021 - Leslie Stewart (Concord): I like this map because it keeps cities together and groups Pleasant Hill with Concord -- these two communities are very tightly joined in many ways. The lines here are clear and easily understandable -- no block-by-block wiggling around at the edges. 11/2/2021 - Leslie Stewart (Concord): I like this plan because it keeps cities in single districts and keeps Concord and Pleasant Hill together -- I have always felt those two communities to be very closely associated. Also, the lines here are clear and easy to understand, without block-by- block squiggles at the edge of districts. C O N T R A C O S T A C O U N T Y 10.55%Written Description from SubmissionConcept Total Variation 2021 Population Population by District Community Submission p6263All Cities whole V2 6.2% variance - Overview Map and Data Keeps all cities whole and allows with Clayton being put back with Concord and WC Population: 1,168,069Equal Distribution: 233,614Citizen Voting Age Population(CVAP): 761,065 35 21 4 ANTIOCH CONCORD OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre 1 5 2 4 3 Prepared by the Department of Conservation and Development - GIS Group for the November 9th, 2021 Board of Supervisors Public Hearing. Data Source: 2021 California State Redistricting Data, Adjusted P.L 94-171 Redistricting Data and block level Citizen Voting Age Population (CVAP), Districtr online mapping submissions NOTE: Data is presented as it is submitted in DistrictR online mapping tool. District names may differ from current district names. Not all blocks may be assigned a district. Calcuations are based on assigned blocks only, except County CVAP District 1 District 2 District 3 District 4 District 5 0 5 102.5 Miles ¯Unassigned Population: 0Unassigned CVAP: 0 Current Supervisorial Boundaries Demographic AnalysisRace and Ethnicity by District Total Population - Race and Ethnicty Citizen Voting Age Population (CVAP)Race and Ethnicty District Population Variance Percent District 1 236,024 2,411 1.03% District 2 233,984 371 0.16% District 3 248,091 14,478 6.20% District 4 223,444 (10,169) -4.35% District 5 226,526 (7,087) -3.03% Total Latino White Black Asian Other 95,007 51,371 33,307 40,760 15,579 40.3%21.8%14.1%17.3%6.6% 19,334 125,076 3,741 69,912 15,921 8.3%53.5%1.6%29.9%6.8% 81,088 87,789 32,128 28,025 19,061 32.7%35.4%13.0%11.3%7.7% 49,413 117,053 6,721 33,809 16,448 22.1%52.4%3.0%15.1%7.4% 70,583 74,592 23,102 42,042 16,207 31.2%32.9%10.2%18.6%7.2% 315,425 455,881 98,999 214,548 83,216 27.0%39.0%8.5%18.4%7.1% District 5 226,526 County 1,168,069 District 3 248,091 District 4 223,444 District 1 236,024 District 2 233,984 Total Latino White Black Asian Other 35,140 45,403 27,283 26,038 6,414 25.1%32.4%19.4%18.6%4.6% 9,748 103,736 2,378 30,049 4,565 6.5%68.9%1.6%20.0%3.0% 37,501 78,248 22,741 15,133 8,209 23.2%48.4%14.1%9.4%5.1% 22,361 105,964 4,889 19,456 6,421 14.1%66.6%3.1%12.2%4.0% 32,966 67,747 16,393 24,923 7,359 22.1%45.3%11.0%16.7%4.9% 137,716 401,098 73,684 115,599 32,968 18.1%52.7%9.7%15.2%4.3% District 5 149,388 County 761,065 District 2 150,476 District 3 161,832 District 4 159,091 District 1 140,278 All Cities whole V2 6.2% variance Basic Info Submitter: Edi Birsan Location: Concord Submitted on: 10/31/2021 Type: plan Supervisorial Districts ID: p6263 Tags More Info Keeps all cities whole and allows with Clayton being put back with Concord and WC Comments & Feedback 11/2/2021 - Suzan Requa (Concord): As a long time active Concord resident, I support this map which keeps Concord and most cities whole. This is the last time and an important time to keep Concord whole as we work through the CNWS development planning and design. We need to speak with one voice with any decisions impacting CCC property and services for the next 10 years. After that at least planning if not building will be in place to better determine a sensible split of our city for BOS districts. A division now of County services will further complicate an already challenging CNWS design process. We are a diverse city so the districts within Concord City limits can preserve diverse representation within the City limits and effectively speak to racial equity with our elected BOS representative. Previous →← Next Keep Concord Whole Proceed to Submit a Comment Basic Info Submitter: Tim Carr Location: Concord Submitted on: 10/25/2021 Type: written ID: w5996 Tags Written Testimony All 5 maps cut Concord in half. They remove Northern Concord from the rest of Concord. The City limits should be obser ved. We need one person to protect Concord Interests as Northern Concord also contains the CNWS which should begin to grow as it is developed as well as BART which is changing to businesses and homes. 1) City Sales Tax rate binds us as one. City Council binds us. Unique issues( 2) CNWS and BART N. Concord are both ready to begin HUGE developments bringing in 1000's of new homes. The City Council will need support of its congressperson. With the city districted into 2, who will help support our area? Comments & Feedback No comments have been submitted. Previous →← Next Mt. Diablo Unified School District Proceed to Submit a Comment Basic Info Submitter: Michelle Location: Submitted on: 10/25/2021 Type: written ID: w6053 Tags #concord  #mdusd  #school districts   Written Testimony Hello, I'm interested in keeping Mt. Diablo Unified School District (MDUSD) in District 4 because this is a community of interest. Currently, Bay Point is not in Area 4 and the county suggested maps break up Concord. I have concerns with moving a part of Concord into another area and breaking up the school community further. Comments & Feedback No comments have been submitted. Previous →← Next District Map 5 Proceed to Submit a Comment Basic Info Submitter: Evanne Jordan Location: Concord Submitted on: 10/25/2021 Type: written ID: w6055 Tags Written Testimony I believe Map 5 is the best option for Concord in regard to redistricting. My second choice would be District Map 4, but I would greatly prefer District Map 5. All of the other maps take the control of the former Concord Naval Weapons Station out of the jurisdiction of Concord and put in the hands of a county supervisor from Pittsburg. This is not a good or sensible option, as Concord residents and government have been fully invested and active in the plans/designs for the Concord Naval Weapons Station property for many years. In addition, all the plans except Maps 4 and 5 take the downtown area out of the Super visorial District that the rest of Concord would be in. This again, is completely ridiculous, as the Concord Business community, Concord residents and Concord City Council members are actively engaged in promoting and maintaining all of the positive growth that has been developed in our beautiful and thriving downtown area! I highly recommend that Map 5 is used in the redistricting process. Comments & Feedback No comments have been submitted. Print Contra Costa County Redistricting Comments -Submission #50876 Date Submitted: 10/31/2021 Name* I Stephen McCaffree Nombre ~ mail Correo electr6nico ~-r111sm Are you a Contra Costa County resident? I What Language do you prefer? .--------------------............. Yes ~English ID Espanol '-l -Es-u-st_e_d_r_e-si_d_e -nt_e_d_e_l _C_o_n_d_ad_o_d_e_C_o_n-tr_a ___ ....,.....,ICJ cp)t Costa? lQue idioma prefiere? {tilme73 Contra Costa B.15~? {til<i~IVlmi~f;;;? Written Comment Why are they splitting up Concord? On every map proposal my neighborhood (Hillcrest) and others nearby are being transferred from district 4 to District 5. Why are we being picked on? What are the other mapping options? We are not mapmakers so we need to know your reasoning and options. To break up our city of Concord is not preferable. Comentario escrito ~imlim Upload your Map Choose File No file chosen Cargue su mapa. .tf~itile9im~ I understand that while this public comment [ submission is a public document, my email address and phone number will not be published.** ~Yes (Si) (i5Jl-~) From: Brenna Fleck (Email Address Deleted) Sent: Monday, October 18, 2021 11:09 AM To: Clerk of the Board <ClerkOfTheBoard@cob.cccounty.us> Subject: Proposed Redistricting Maps Good Morning, The Contra Costa County Office of Education will also be redistricting our board trustees’ areas. Our Deputy Superintendent would like to know if any of the proposed Board of Supervisors redistricting maps had tract number information listed. If so, where could we find these? Thank you, Brenna Fleck Brenna Fleck Executive Assistant to the Deputy Superintendent Contra Costa County Office of Education 77 Santa Barbara Rd. Pleasant Hill, CA 94523 925-942-3418 From: Adria Orr (Email Address Deleted) Sent: Thursday, October 21, 2021 12:39 PM To: Clerk of the Board <ClerkOfTheBoard@cob.cccounty.us> Subject: Redistricting Outreach Best Practices Recommendation Dear Contra Costa County Board of Supervisors, Thank you for all of your ongoing efforts to incorporate public input into the county redistricting process. I'm attaching a letter and supplemental document with some recommended best practices for reaching out to community members, based on our experience working with community organizations. We hope you will find these ideas helpful as you continue to solicit public participation. Please don't hesitate to reach out with any questions. Best, Adria -- Adria Orr | 柯斯穎 she/her/hers Senior Program Coordinator, Voting Rights and Census _______________________________ Asian Americans Advancing Justice – Asian Law Caucus C: (904) 414-4294 adriao@advancingjustice-alc.org www.advancingjustice-alc.org October 21, 2021 Contra Costa County Board of Supervisors 1025 Escobar Street Martinez, CA 94553 Sent via email to clerkoftheboard@cob.cccounty.us Re:Community outreach efforts in redistricting process Dear Contra Costa County Board of Supervisors, Thank you for your ongoing efforts to create a redistricting process that is accessible to Contra Costa County residents. I’m reaching out on behalf of Asian Americans Advancing Justice - Asian Law Caucus to respectfully encourage you to increase your community outreach efforts and to take additional steps to engage local communities, particularly those who have been underrepresented in this process. While we appreciate that various channels for public input are available, we are concerned with the low level of public input that has been received to date, especially input about the many communities of interest in Contra Costa County. Communities of interest are crucial building blocks that should guide your decision-making as you draw district lines, as evidenced by their high ranking under the new FAIR MAPS Act as a redistricting criteria that must be considered when drawing district lines. Receiving sufficient public input on communities of interest is a key element of a successful and fair redistricting process. Creating opportunities for input must be accompanied by rigorous outreach efforts in order to be effective. Our organization has compiled a set of best practices based on our work with community based organizations, which can be found in the attached document. While it was created with AAPI and Limited-English-Proficient communities in mind, many of the suggestions are more broadly applicable as well. In particular, we urge you to consider the following recommendations, which are based on requirements under the FAIR MAPS Act 1: ●Create outreach materials to distribute through local media, public listservs, and direct outreach to local organizations, community groups, and businesses. While the Contra Costa County redistricting website has extensive information available, it’s important to actively share information about redistricting rather than relying on community members to come to the website. In addition to soliciting coverage in local news media, outreach materials like flyers should be shared through local community group meetings, schools, different cultural social media platforms, and more. ●Create social media content for local groups, leaders, and influencers to share information about redistricting.In addition to posting via the County’s social media channels, sharing content for community groups and leaders to easily post on their own 1 Elec. Code §§ 21508(a), 21507.1(c). accounts is an important way to get the word out. This enables you to extend your reach to a far wider audience than is captured by the County’s social media alone. ●Maximize input opportunities outside of regular business hours.To make meetings truly accessible to community members, the times and dates should vary. Regular business hours should be avoided. For example, while the upcoming workshop times are varied, it’s concerning to see that both the fourth and fifth public redistricting hearings are scheduled for 9am on Tuesday. We recognize that the redistricting process is a complex project and applaud the work that has been undertaken thus far to create an accessible and open environment for community members. We hope that these recommendations will help bolster outreach efforts and encourage greater participation and use of the tools and input opportunities that you have created. Please don’t hesitate to reach out with any questions or if we can be a further resource in this matter. Sincerely, Adria Orr Senior Program Coordinator, Voting Rights Asian Americans Advancing Justice - Asian Law Caucus 1 Best Practices for Outreach to AAPI and Limited-English-Proficient Communities in Local Redistricting To ensure that communities are meaningfully represented by their local governments and that elected officials reflect the full diversity of California’s population, it is crucial that local governments create a redistricting process that is accessible to historically underrepresented communities. Asian Americans Advancing Justice – Los Angeles and Asian Americans Advancing Justice – Asian Law Caucus have compiled the below best practices based on their work with community organizations to engage AAPI Californians in voting, census, and the transition to districts under the California Voting Rights Act. Building Public Awareness through Robust and Translated Outreach Create outreach & publicity materials and distribute them through a variety of channels. To maximize the number of residents who are informed about the redistricting process, a jurisdiction should produce outreach and publicity materials and distribute them as widely as possible. A successful district map-drawing body (whether it is a city council, a school board, or some independent body) should hear from all of the communities and neighborhoods within a jurisdiction’s limits, regardless of their language abilities, resources, or previous levels of engagement in local politics. The map-drawing body should spread the word about its work in local newspapers in various languages, at meetings of local community groups, on popular cultural social media platforms, in multilingual robo-calls, on digital marquees at local schools, in flyers sent home with school children, and so on. Simply publicizing the process on the jurisdiction’s website and in a small number of newsletters and community newspapers is not enough. Ensure that outreach & publicity materials are distributed in multiple languages. A jurisdiction should prepare outreach & publicity materials in a variety of languages so that word about redistricting spreads to all of the jurisdiction’s language communities. Outreach materials about the redistricting process, information publicizing upcoming redistricting workshops and hearings, and the designated redistricting web page itself should be translated. The Secretary of State provides translated template materials in ten languages: https://www.sos.ca.gov/elections/helpful-resources/redistricting. Translated materials should be shared with civic, cultural, and community organizations, posted online, and sent to ethnic news media sources, including print, web, and radio outlets. Ideally, translated materials should be shared with leaders from the relevant language communities 2 before they are released publicly to make sure the materials are accurate, accessible, and culturally competent. Local jurisdictions should consult with leaders from the relevant language communities to determine the best way to distribute the translated information. For example, some language communities are best reached through audio rather than written means, so use of ethnic radio might be the best way to reach them. Actively promote local redistricting via social media and local influencers. Create eye-catching and clear draft social media content to promote engagement in local redistricting. Call upon local elected officials, artists, community leaders, etc. to post about local redistricting on their social media channels. Purchase boosted ads on Instagram and Facebook to spread the word. Use a variety of platforms to reach a diversity of communities. For example, some Asian American communities frequently share information via WeChat or WhatsApp. Lastly, consider launching a social media campaign to alert community members to this process. Ensure that non-citizens know about redistricting and feel welcome participating. The redistricting process affects all local residents, whether they are U.S. citizens or not. In California, all people, whether they can vote or not, must be included when determining the size of political districts. The lines drawn from the redistricting process affect all local residents. It is critical to the redistricting process that everyone participates to best reflect local communities of interest. Avoid using the word “voter” when doing redistricting outreach. Instead talk about representation for Californians and use other inclusive terms. Language Access Offer live interpretation for public hearings and translate key redistricting materials. It is important to provide interpretation for public hearings so that community members who do not primarily speak English can participate and give input about their communities. We recommend providing interpretation for all key languages spoken in the city or county. If you provide interpretation on request only, be sure to prominently advertise the availability of interpretation and give people an easy, in-language way to request translation. Under state law, cities and counties must offer live translation of public redistricting hearings or workshops in applicable languages (defined below) if a request is made at least 72 hours in advance. Elections Code § 21508(b), 21608(b), 21628(b). If less than five days' notice is given for the hearing, then cities and counties must be prepared to fulfill translation requests 3 received at least 48 hours in advance. Cities and counties should also advertise the fact that the public may provide written or oral input in all applicable languages. “Applicable Languages” ● For cities, applicable language refers to “any language that is spoken by a group of city residents with limited English proficiency who constitute 3 percent or more of the city’s total population over four years of age for whom language can be determined.” Cities can find the list of applicable languages for their city by visiting the Secretary of State’s local redistricting website. ● For counties, applicable language refers to any language that the county must provide translated ballots in under Section 203 of the federal Voting Rights Act of 1965. Under state law, cities and counties must, at a minimum, provide a general explanation of the redistricting process in applicable languages and post the explanation on a redistricting web page. They must also provide instructions for how to provide testimony in applicable languages. Elec. Code § 21508(g), 21608(g), 21628(g). Target outreach to language minority communities. In order to engage underrepresented and non-English speaking communities in the local redistricting process, counties and cities should reach out to various communities in at least all applicable languages for which they are required to offer live translation at public redistricting hearings or workshops. This includes sharing information about the local redistricting process with media organizations that cover news in that jurisdiction. State law requires cities and counties to make a good faith effort to reach media organizations that reach language minority communities. Elec. Code § 21508(a), 21608(a), 21628(a). Good government, civil rights, civic engagement, and community groups/organizations that are active in the jurisdiction, including groups that are actively involved in language minority communities, may also help reach communities that have been traditionally underrepresented and unheard throughout the redistricting process. Maximizing Public Participation through Frequent and Accessible Hearings and Workshops Hold more hearings than the legal minimum. The map-drawing body in a jurisdiction undergoing a redistricting process should hold a large number of hearings both before the drawing of draft maps and after the release of draft maps but before adoption of a final map. Holding more hearings, particularly after a draft map is introduced, provides community members with multiple opportunities to contribute and enables them to participate even if they learn about redistricting late in the process. 4 Hold hearings in diverse locations. The map-drawing body should bring redistricting hearings and workshops directly to the community and meet residents where they naturally congregate. This means hearings should be held in a diversity of locations, all of which should be accessible by public transit and be ADA-compliant. The map-drawing body should avoid holding all hearings in a single location, like a city hall building. This does not make hearings accessible to residents in all parts of the jurisdiction, especially those who do not have ready access to a car. Government buildings can also feel formal or intimidating to community members who aren’t used to conducting business in those locations. Holding hearings in highly-trafficked community spaces such as libraries, community centers, or places of worship in different neighborhoods and parts of town maximizes accessibility and helps create a comfortable environment. Offer the public diverse hearing days and times. To allow residents with a variety of job and family commitments to participate, hearing dates and times should vary. Weekday hearings during business hours should never be used. If possible, hearings scheduled for weekday evenings should be held on different days of the week and should be mixed with weekend hearing dates. Create stand-alone redistricting hearings. Redistricting is a transformative experience in a jurisdiction’s political life – it merits a different kind of treatment than the jurisdiction’s other business. While a routine amount of public input may be acceptable for other items on the jurisdiction’s agendas, it is insufficient on a topic that is critical to the jurisdiction’s political future. Local governments should avoid embedding redistricting hearings in city council or school board meetings, and create standalone hearings instead. Local governments should also consider embedding these hearings into community meetings and events that engage diverse constituents who might not otherwise attend a city council, board of supervisors, or school board meeting. Livestream and/or record all hearings and post on the districting webpage. Although cities and counties may provide a written summary in place of an audio or audiovisual recording of redistricting hearings and workshops, posting a recording of hearings is helpful because it allows residents to follow mapping conversations and decisions more closely. Livestreaming the proceedings also increases the accessibility of redistricting meetings, as people can watch from home in real time and potentially even participate virtually if needed. Recording hearings may present logistical challenges when hearings are held in community spaces instead of city hall buildings. Those challenges should be planned for and budgeted for in advance. 5 Host numerous workshops to inform the public and gather community of interest testimony. In addition to formal public hearings, local governments should endeavor to host a number of educational and information-gathering workshops in the community to help residents identify priority communities of interest and draw them on a map. City or county staff should come prepared with large blank maps of the jurisdiction, laptops to access Google maps for reference (or printed maps that include key roads and thoroughfares), and pens. Offer technical support to help residents submit district maps. The redistricting process can be a fairly technical process. Local governments should be prepared to hold workshops that help residents understand redistricting criteria and how to submit a map whether it be via paper, excel, or a digital mapping software. Detailed tutorials and assistance in the form of workshops and office hours should be offered so community members can ask questions when drawing their district maps. If possible, cities and counties should reserve local computer labs at libraries or community centers to give residents greater access to relevant digital mapping software. From: Lindy Lavender (Email address deleted) Sent: Monday, October 25, 2021 1:44 PM To: Clerk of the Board <ClerkOfTheBoard@cob.cccounty.us> Subject: Redistricting Hello, I want to ask the Board to consider that Pacheco is primarily in the same school district as Pleasant Hill (MDUSD). I understand the community may share similarities with Martinez too, but I thought it was worth considering an effort to keep school districts (when possible) together. Best, Lindy Johnson From: Jane Courant (Email Address Deleted) Sent: Monday, November 1, 2021 8:26 PM To: Clerk of the Board <ClerkOfTheBoard@cob.cccounty.us> Subject: Redistricting public comment Dear Supervisors, Thank you for the addition of the entire city of Pinole to District One in all five of the proposed redistricting maps. I suggest you consider adding Hercules to District One as well. This bring together the cities in the West Contra Costa School District. In addition it will bring together cities along the Pacific coastline where sea level rise promises to be a critical issue in the years ahead. I realize this would enlarge an already populous district, but I believe it will enhance an already vibrant, diverse district. Yours truly, Jane Courant Richmond CA From: McAuley, Wendy (Email Address Deleted) Sent: Wednesday, November 3, 2021 9:58 AM To: Clerk of the Board <ClerkOfTheBoard@cob.cccounty.us> Cc: Barone, Valerie <Valerie.Barone@cityofconcord.org>; McGallian, Tim <Tim.McGallian@cityofconcord.org>; Ezell, Justin <Justin.Ezell@cityofconcord.org> Subject: Contra Costa Redistricting Process and Draft Concept Maps Good Morning, Please see letter from Mayor Tim McGallian regarding Contra Costa Redistricting Process and Draft Concept Maps. Best regards, Wendy McAuley Executive Assistant| Office of the City Manager & City Council City of Concord| Web: www.cityofconcord.org (925) 671-3038 Email wendy.mcauley@cityofconcord.org e-mail: cityinfo@cityofconcord.org • website: www.cityofconcord.org CITY COUNCIL Tim A. McGallian, Mayor Dominic D. Aliano, Vice Mayor Edi E. Birsan Laura M. Hoffmeister Carlyn S. Obringer Patti Barsotti, City Treasurer Valerie J. Barone, City Manager CITY OF CONCORD 1950 Parkside Drive Concord, California 94520-4805 FAX: (925) 798-3065 OFFICE OF THE MAYOR Telephone: (925) 671-3158 November 3, 2021 Contra Costa County Board of Supervisors Sent via email to: clerkoftheboard@cob.cccounty.us Re: Contra Costa County Redistricting Process and Draft Concept Maps Dear Supervisors, As Mayor, I am submitting this letter on behalf of the entire Concord City Council and our community. The Concord City Council Policy Development & Internal Operations Committee reviewed the maps at a public meeting on October 25. The full Council subsequently reviewed the most recently posted maps and endorsed this letter at the Council’s public meeting on November 2. As a community and as the Council that represents the community, we are concerned that the draft maps being considered split our City into more than one Supervisorial District. We are not supportive of this. Additionally, community members in attendance at our November 2 City Council meeting expressed concern regarding the speed in which the County’s redistricting process is moving. This Council concurs, and asks that the County provide more time for citizen engagement, so that community members can better understand the tools that are available for submitting their own thoughts and ideas around communities of interest. While Concord is comprised of numerous “neighborhoods,” our residents see the City as one community of interest. Our Reuse Project at the former Concord Naval Weapons Station, which will create housing and jobs for 28,000 over the next 30 years, has a primary goal of integration with the existing City and maintaining the concept of “One Concord.” That sentiment is why we feel strongly that Concord should remain within a single supervisorial district. Putting parts of Concord into more than one supervisorial district will dilute the positive influence the County’s largest city can have on important regional issues like transportation planning, affordable housing, and mental health supportive services. If the Board of Supervisors finds it must split Concord among districts, we implore the Board to do so with as few community impacts as possible. We cannot support the split of the Naval Weapons Station property, nor can we support the spinoff of Concord’s vibrant downtown and premier John Muir Medical Center from the community at large, as was depicted in previous versions of draft concept maps. e-mail: cityinfo@cityofconcord.org • website: www.cityofconcord.org CITY COUNCIL Tim A. McGallian, Mayor Dominic D. Aliano, Vice Mayor Edi E. Birsan Laura M. Hoffmeister Carlyn S. Obringer Patti Barsotti, City Treasurer Valerie J. Barone, City Manager CITY OF CONCORD 1950 Parkside Drive Concord, California 94520-4805 FAX: (925) 798-3065 OFFICE OF THE MAYOR Telephone: (925) 671-3158 Please keep Concord together as one community of interest through further refinement of the supervisorial districts. If this is not possible, please adopt district maps, which have the lowest possible impact on Concord, for example, those depicted in draft map “D,” which you are scheduled to review during your November 9 public hearing. Thank you for your consideration. Sincerely, Timothy A. McGallian Mayor City of Concord From: Stephen McCaffree (Email Address Deleted) Sent: Tuesday, November 2, 2021 4:32 PM To: Clerk of the Board <ClerkOfTheBoard@cob.cccounty.us> Subject: I called but am emailing,too. Where did the 2000 prisoners go, to what communities? I live in the Hillcrest community which is severed from district 4 on all 5 maps, splitting up Concord. We have only 700 residents so all the mapmakers have to do i... From: BARBARA KUKLEWICZ (Email Address Deleted) Sent: Wednesday, November 3, 2021 2:17 PM To: Clerk of the Board <ClerkOfTheBoard@cob.cccounty.us> Subject: District 4 Redistricting Feedback I reviewed the proposed redistricting maps for District 4 and find that the Concept 2 Map closely matches the 2021 Census. Consequently, I think that this map is the most fair and most representative of our population. Thank you very much for including the community in this important work. Sincerely, Barbara Kuklewicz House Address Deleted Pleasant Hill, CA 94523 From: Adria Orr (Email Address Deleted) Sent: Wednesday, November 3, 2021 5:15 PM To: Clerk of the Board <ClerkOfTheBoard@cob.cccounty.us> Subject: Letter requesting an additional redistricting hearing Dear Contra Costa County Board of Supervisors, Thank you for your continued efforts to collect public input for the county redistricting process. Please see the attached letter with a request for the redistricting timeline to be extended with the addition of another public hearing to receive feedback from the community. Thank you for your time and consideration on this matter. Best, Adria -- Adria Orr | 柯斯穎 she/her/hers Senior Program Coordinator, Voting Rights and Census _______________________________ Asian Americans Advancing Justice – Asian Law Caucus (Phone Number and Email Address Deleted) www.advancingjustice-alc.org November 3, 2021 Contra Costa County Board of Supervisors 1025 Escobar Street Martinez, CA 94553 Sent via email to clerkoftheboard@cob.cccounty.us Re:Adding another public hearing on redistricting Dear Contra Costa County Board of Supervisors, Thank you for your ongoing efforts to create an accessible redistristricting process. We appreciate the various tools and channels for feedback that you have provided. As organizations who work with diverse communities in Contra Costa County, we urge you to add an additional hearing to receive public input on communities of interest and draft maps. Although community workshops and three of the five planned hearings are complete, only a very limited amount of input has been submitted to date. We know this is not reflective of the full diversity of our county or of the participatory process you have aimed to create. It’s clear that Contra Costa residents need additional time to engage with this vital process. Public input is critical to identifying communities of interest and giving the Board of Supervisors (“the Board”) as much insight as possible into how the proposed district lines will affect county residents. As the Board and line-drawers from the Department of Conservation and Development have emphasized on multiple occasions, communities of interest are one of the highest-ranked criteria that you must consider under the FAIR MAPS Act.1 Maximizing the opportunity for community of interest input should be a top priority to ensure you are able to create a map that complies with state law. Our groups are eager to provide our input on the draft maps and mobilize our community members to share their insights into how the district lines can respect their communities of interest. Just as COVID-related challenges created a delay for the County’s redistricting timeline, the same challenges, along with additional competing priorities like the recall election, constrained our capacity to participate in this process earlier. Gathering robust public input is so important to local redistricting processes that state lawmakers passed AB 1276 to ensure local jurisdictions would have enough time to redistrict after the census delay. We request that the Board take full advantage of the extended timeline you were granted under AB 1276, which sets a December 15 adoption deadline, for the very purpose of mitigating the impact of these COVID-related delays.2 Wrapping the process up early by voting on final maps at the scheduled hearing on November 23rd is unnecessary and runs counter to the Board’s previously stated goal of encouraging public participation. We respectfully ask the Board to demonstrate commitment to a fair and 2 Cal. Elec. Code § 21501(a)(2). 1 Cal. Elec. Code § 21500(c)(2). open redistricting process by adding a public hearing in early December. We also ask that the additional hearing be held outside of regular business hours in order to be more accessible to members of the public. This is especially important given that the remaining hearings on November 9th and November 23rd are both scheduled at 9am. We look forward to the opportunity to engage more deeply with this process. Please feel free to contact Adria Orr at adriao@advancingjustice-alc.org with any questions. Sincerely, Asian Americans Advancing Justice - Asian Law Caucus Asian Pacific Environmental Network Concord Communities Alliance Conscious Contra Costa Contra Costa Immigrant Rights Alliance East Bay Alliance for a Sustainable Economy Ensuring Opportunity Campaign to End Poverty in Costa Costa Lift Up Contra Costa (LUCC) Monument Impact SURJ Contra Costa County (Showing Up for Racial Justice) Attachment A Contra Costa County Redistricting Community Input Received September 28 – October 12, 2021 C O N T R A C O S T A C O U N T Y 0.31%Written Description from SubmissionConcept Total Variation 2021 Population Population by District Community Submission p5142Why grouping commonalities is important - Overview Map and Data When drawing out this new map I took into consideration the idealpopulation, but ultimately it came down to centralizing concerns and issues between locations. As a long time resident of West ContraCosta, I found it very uniquely odd that I lived in Richmond and we were represented by John Gioia and my cousins who lived inHercules who (in the same school district) were represented by another representative. I think by grouping commonalities like schooldistricts, income level based off city population, wetland and shoreline, etc. is the best plan for redistricting. It levels the playingfield and creates more equality of responsibility by stretching the districts out across other areas versus making them so compact. Population: 1,168,064Equal Distribution: 233,613Citizen Voting Age Population(CVAP): 762,574 35 21 4 ANTIOCH CONCORD OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre 1 52 4 3 Prepared by the D epartmen t of Cons ervation a nd D evelo pment - GIS Grou p for th e October 19 th, 20 21 Boa rd of Supervisors Public Hearin g. Data Source: 20 21 California State Red istricting Data, Ad ju sted P.L 9 4-17 1 Redistricting D ata a nd b lock level Citizen V oting Age Populatio n (CVA P), Districtr online mapping submissions NOTE: Data is presen ted a s it is submitted in DistrictR online mapping too l. District names may differ from cu rre nt district na me s. Not all b locks may be assigne d a district. Calcu ations are b ased on assigne d b locks o nly, except County CVAP District 1 District 2 District 3 District 4 District 5 0 5 102.5 Miles ¯Unassigned Population: 0Unassigned CVAP: 0 Current Supervisorial Boundaries Demographic AnalysisRace and Ethnicity by District Total Population - Race and Ethnicty Citizen Voting Age Population (CVAP)Race and Ethnicty District Popu lation Variance Percent District 1 233,799 186 0.08% District 2 233,881 268 0.11% District 3 233,851 238 0.10% District 4 233,379 (234) -0.10% District 5 233,154 (459) -0.20% Total Latino White Black Asian Other 93,714 48,231 33,784 42,826 15,244 40.1%20.6%14.5%18.3%6.5% 67,538 96,990 18,174 34,019 17,160 28.9%41.5%7.8%14.5%7.3% 59,854 104,249 12,436 39,866 17,446 25.6%44.6%5.3%17.0%7.5% 19,491 124,835 4,000 69,740 15,313 8.4%53.5%1.7%29.9%6.6% 74,826 81,574 30,606 28,097 18,051 32.1%35.0%13.1%12.1%7.7% 315,423 455,879 99,000 214,548 83,214 27.0%39.0%8.5%18.4%7.1% District 5 233,154 County 1,168,064 District 3 233,851 District 4 233,379 District 1 233,799 District 2 233,881 Total Latino White Black Asian Other 34,168 42,401 27,882 27,249 6,349 24.8%30.7%20.2%19.7%4.6% 30,588 87,643 13,148 21,352 7,591 19.1%54.7%8.2%13.3%4.7% 27,238 93,639 8,110 21,607 7,262 16.9%58.2%5.0%13.4%4.5% 9,872 105,007 2,813 30,185 4,700 6.5%68.8%1.8%19.8%3.1% 35,938 72,393 21,764 15,204 8,471 23.4%47.1%14.2%9.9%5.5% 137,804 401,083 73,717 115,597 34,373 18.1%52.6%9.7%15.2%4.5% District 5 153,770 County 762,574 District 2 160,322 District 3 160,771 District 4 152,577 District 1 138,049 C O N T R A C O S T A C O U N T Y 0.23%Written Description from SubmissionConcept Total Variation 2021 Population Population by District Community Submission p5147Encouraging like minded advancement - Overview Map and Data I previously wrote another plan that was slightly similar to this one. I rewrote a plan because I wanted this new plan to be more geographically friendly to the communities they serve. I have been a longtime lover of politics and involved in community engagement for a while, it is iimportant for me to have leaders who represent communities based off of income/wealth level, employment and type of work, crime statistics, etc. This new map more closely relates the communities together that have all of the same or similar socio-economic statistics. My new district map is very much of an "out of the box" approach. Population: 1,168,064Equal Distribution: 233,613Citizen Voting Age Population(CVAP): 762,574 35 21 4 ANTIOCH CONCORD OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre 1 5 2 4 3 Prepared by the Department of Conservation and Development - GIS Group for the October 19th, 2021 Board of Supervisors Public Hearing. Data Source: 2021 California State Redistricting Data, Adjusted P.L 94-171 Redistricting Data and block level Citizen Voting Age Population (CVAP), Districtr online mapping submissions NOTE: Data is presented as it is submitted in DistrictR online mapping tool. District names may differ from current district names. Not all blocks may be assigned a district. Calcuations are based on assigned blocks only, except County CVAP District 1 District 2 District 3 District 4 District 5 0 5 102.5 Miles ¯Unassigned Population: 8Unassigned CVAP: 2 Current Supervisorial Boundaries Distr ict Po pulation Varian ce Percen t Distr ict 1 233,633 20 0.01% Distr ict 2 233,582 (31) -0.01% Distr ict 3 233,683 70 0.03% Distr ict 4 233,306 (307) -0.13% Distr ict 5 233,852 239 0.10% Demographic AnalysisRace and Ethnicity by District Total Population - Race and Ethnicty Citizen Voting Age Population (CVAP)Race and Ethnicty Total Latino White Black Asian Other 97,153 43,399 35,692 42,887 14,502 41.6%18.6%15.3%18.4%6.2% 24,790 140,315 7,352 43,321 17,804 10.6%60.1%3.1%18.5%7.6% 53,507 118,894 7,195 36,178 17,909 22.9%50.9%3.1%15.5%7.7% 47,348 95,833 11,113 62,797 16,215 20.3%41.1%4.8%26.9%7.0% 92,624 57,438 37,648 29,362 16,780 39.6%24.6%16.1%12.6%7.2% 315,423 455,879 99,000 214,548 83,214 27.0%39.0%8.5%18.4%7.1% District 5 233,852 County 1,168,064 District 3 233,683 District 4 233,306 District 1 233,633 District 2 233,582 Total Latino White Black Asian Other 36,579 40,153 28,994 27,886 6,708 26.1%28.6%20.7%19.9%4.8% 13,553 120,283 5,440 24,705 5,399 8.0%71.0%3.2%14.6%3.2% 25,078 105,705 5,219 20,523 7,300 15.6%65.7%3.2%12.8%4.5% 22,640 80,355 7,947 25,895 6,611 15.8%56.0%5.5%18.1%4.6% 39,954 54,587 26,117 16,588 8,353 27.4%37.5%17.9%11.4%5.7% 137,804 401,083 73,717 115,597 34,373 18.1%52.6%9.7%15.2%4.5% District 5 145,599 County 762,574 District 2 169,380 District 3 160,771 District 4 143,448 District 1 140,320 Attachment A Contra Costa County Redistricting Community Input Received Through September 27, 2021 S a n RiverS t r a itCarquinez BigBreak San Leandro Reservoir Los Vaqueros Reservoir BrionesReservoir San Pablo Reservoir CliftonCourtForebay FranksTract HonkerBay SuisunBaySanPabloBay SanFranciscoBay Sacramento RiverJoaquinOld RiverFormer Concord Naval Weapons Station ByronAirport Military OceanTerminal Complex MtDiablo BuchananAirport Chevron Marathon Philips66 KellerCanyonLandfill West Co.Landfill Martinez MorganTerritory TassajaraValley AgriculturalCore ByronTract ConeyIsland QuimbyIsland OrwoodTract PalmTract VealeTract BixlerTract HollandTract JerseyIsland BradfordIsland WebbTract WinterIsland BrownsIsland FranklinCanyon BollingerCanyon VascoHills Briones Canyon SandmoundSlough Refinery Bethel Island Kensington El Sobrante Rodeo Crockett Alamo Knightsen Discovery Bay Byron Bay Point Pacheco Blackhawk Diablo Port Costa Clyde North Richmond Saranap ContraCostaCentre Mt View Vine Hill Tara Hills Montalvin Manor Bayview East Richmond Heights San Miguel North Gate Reliez Valley Alhambra Valley Rollingwood Shell Ridge Acalanes Ridge Castle Hill Camino Tassajara Norris Canyon HERCULES PINOLE RICHMOND MARTINEZ CONCORD PLEASANTHILL WALNUTCREEK LAFAYETTE CLAYTON ANTIOCH OAKLEY BRENTWOOD SANRAMON ORINDA MORAGA ELCERRITO SAN PABLO PITTSBURG DANVILLE PINOLE WALNUTCREEK ANTIOCH }ÿ4 }ÿ24 }ÿ242 }ÿ160 }ÿ4 }ÿ4 }ÿ4 §¨¦80 §¨¦80 567J4 §¨¦580 §¨¦80 §¨¦680 §¨¦680 §¨¦680 §¨¦680 }ÿ4}ÿ4 }ÿ4 }ÿ4 }ÿ24 BERKELEY OAKLAND SAN FRANCISCO DUBLIN ALAMEDA PIEDMONT ALBANY EMERYVILLE BENICIA VALLEJO SAN LEANDRO LIVERMORE TRACY DALY CITY Castro Valley Mountain House Community of Interest Submission c2632Northern WaterfrontCONTRA C O S T A C O U N T Y NOTE: Data is presented as it is submitted in DistrictR online mapping tool. Prepared by the D epartmen t of Cons ervation a nd D evelo pment - GIS Grou p for th e Octob er, 5, 20 21 Board of Supervisors Public Hearin g. Data Source:Districtr O nline M apping tool sub mis sio ns The Northern Waterfront Includes all of Hercules - Antioch north of 4and west of I-80. This is an economic development focus area due to transportation infrastructure such as shipping line, railroad, and key trucking routes. It also includes industrials uses like refineries, manufacturing, food production, and bio-tech industries. This is a very diverse community, both the population and the various types of businesses in the northern waterfront. There is good blend of housing stock and recreational opportunities. Submitted Community of Interest:Northern Waterfront 0 3.5 71.75 Miles ¯ Written Description from Submis sion Community of Interest Submission c2635Downtown Walnut Creek CoreCONTRA C O S T A C O U N T Y S a n RiverS t r a itCarquinez BigBreak San Leandro Reservoir Los Vaqueros Reservoir BrionesReservoir San Pablo Reservoir CliftonCourtForebay FranksTract HonkerBay SuisunBaySanPabloBay SanFranciscoBay Sacramento RiverJoaquinOld RiverFormer Concord Naval Weapons Station ByronAirport Military OceanTerminal Complex MtDiablo BuchananAirport Chevron Marathon Philips66 KellerCanyonLandfill West Co.Landfill Martinez MorganTerritory TassajaraValley AgriculturalCore ByronTract ConeyIsland QuimbyIsland OrwoodTract PalmTract VealeTract BixlerTract HollandTract JerseyIsland BradfordIsland WebbTract WinterIsland BrownsIsland FranklinCanyon BollingerCanyon VascoHills Briones Canyon SandmoundSlough Refinery Bethel Island Kensington El Sobrante Rodeo Crockett Alamo Knightsen Discovery Bay Byron Bay Point Pacheco Blackhawk Diablo Port Costa Clyde North Richmond Saranap ContraCostaCentre Mt View Vine Hill Tara Hills Montalvin Manor Bayview East Richmond Heights San Miguel North Gate Reliez Valley Alhambra Valley Rollingwood Shell Ridge Acalanes Ridge Castle Hill Camino Tassajara Norris Canyon HERCULES PINOLE RICHMOND MARTINEZ CONCORD PLEASANTHILL WALNUTCREEK LAFAYETTE CLAYTON ANTIOCH OAKLEY BRENTWOOD SANRAMON ORINDA MORAGA ELCERRITO SAN PABLO PITTSBURG DANVILLE PINOLE WALNUTCREEK ANTIOCH }ÿ4 }ÿ24 }ÿ242 }ÿ160 }ÿ4 }ÿ4 }ÿ4 §¨¦80 §¨¦80 567J4 §¨¦580 §¨¦80 §¨¦680 §¨¦680 §¨¦680 §¨¦680 }ÿ4}ÿ4 }ÿ4 }ÿ4 }ÿ24 BERKELEY OAKLAND SAN FRANCISCO DUBLIN ALAMEDA PIEDMONT ALBANY EMERYVILLE BENICIA VALLEJO SAN LEANDRO LIVERMORE TRACY DALY CITY Castro Valley Mountain House Prepared by the D epartmen t of Cons ervation a nd D evelo pment - GIS Grou p for th e Octob er, 5, 20 21 Board of Supervisors Public Hearin g. Data Source:Districtr O nline M apping tool sub mis sio ns Written Description from Submis sion Downtown Walnut Creek and adjacent neighborhoods that should be kept together since impacts on downtown affect them as well. Currently split into two districts and should be in one. 0 3.5 71.75 Miles ¯ NOTE: Data is presented as it is submitted in DistrictR online mapping tool. Submitted Community of Interest:Downtown Walnut Creek Core C O N T R A C O S T A C O U N T Y 2.09%Written Description from SubmissionConcept Total Variation 2021 Population Population by District Community Submission p4715Ron's District Map Overview Map and Data This plan keeps communities of interest within a single supervisorial district. Very importantly, the plan places the Blackhawk/Alamo/Diablo area in the same district with the cities of Danville and San Ramon. Blackhawk/Alamo/Diablo are continguous with Danville and/or San Ramon and residents of those three areas shop and dine in Danville and San Ramon. This entire district is upper-middle class from an economic standpoint and is populated by a large percentage of college-educated residents who have professional occupations. D istr ict P o p u latio n Va r ian ce P e r cen t D istr ict 1 2 34 ,7 1 3 1 ,1 0 0 0 .47 % D istr ict 2 2 32 ,9 7 4 (63 9) -0 .2 7% D istr ict 3 2 31 ,0 7 1 (2 ,5 4 2) -1 .0 9% D istr ict 4 2 31 ,6 8 9 (1 ,9 2 4) -0 .8 2% D istr ict 5 2 35 ,9 5 4 2 ,3 4 1 1 .00 % Population: 1,168,064Equal Distribution: 233,613Citizen Voting Age Population (CVAP): 762,574 35 21 4 Current Supervisorial Boundaries ANTIOCH CONCORD OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre 1 52 4 3NOTE: Data is presen ted a s it is submitted in DistrictR online mapping too l. District names may differ from cu rre nt district na me s. Not all b locks may be assigne d a district. Calcu ations are b ased on assigne d b locks o nly, except County CVAP District 1 District 2 District 3 District 4 District 5 0 5 102.5 Miles ¯ Prepared by the D epartmen t of Cons ervation a nd D evelo pment - GIS Grou p for th e October, 5, 20 21 Board of Supervisors Public Hearin g. Data Source: 20 21 California State Red istricting Data, Ad ju sted P.L 9 4-17 1 Redistricting D ata a nd b lock level Citizen V oting Age Populatio n (CVA P), Districtr Online Mapping to ol s ubmissions Unassigned Population: 1,663Unassigned CVAP: 1,276 Current Supervisorial Boundaries Citizen Voting Age Population(CVAP) by Race and Ethnicity L a tin o 1 7 2 ,0 1 4 W h ite 4 6 0 ,5 0 5 B la c k 9 3 ,7 7 7 A s ia n 1 4 1 ,0 0 7 O th e r 4 2 ,1 7 1 C o u n t y 7 6 2 5 7 4 L a t in o 9 ,9 5 8 L a t in o 3 2 ,5 2 6 L a t in o 3 6 ,7 0 4 L a t in o 3 3 ,9 3 7 L a t in o 2 4 ,5 7 8 W h i t e 1 0 5 ,9 3 9 W h i t e 4 9 ,1 9 0 W h i t e 5 4 ,2 0 7 W h i t e 8 2 ,8 9 8 W h i t e 1 0 7 ,9 3 4 B l a c k 2 ,5 1 7 B l a c k 2 5 ,8 6 2 B l a c k 2 2 ,1 5 2 B l a c k 1 7 ,9 3 5 B l a c k 5 ,2 2 7 A s i a n 2 9 ,9 4 3 A s i a n 2 4 ,2 2 4 A s i a n 2 5 ,4 7 3 A s i a n 1 5 ,0 6 7 A s i a n 2 0 ,7 0 9 O t h e r 4 ,7 2 0 O t h e r 6 ,2 2 7 O t h e r 8 ,0 4 3 O t h e r 8 ,3 1 1 O t h e r 7 ,0 1 7 0 % 1 0 % 2 0 % 3 0 % 4 0 % 5 0 % 6 0 % 7 0 % 8 0 % 9 0 % 1 0 0 % D is t r ic t 1 1 5 3 0 7 7 D is t r ic t 2 1 3 8 0 2 9 D is t r ic t 3 1 4 6 5 7 9 D is t r ic t 4 1 5 8 1 4 8 D is t r ic t 5 1 6 5 4 6 5 C O N T R A C O S T A C O U N T Y 4.27%Written Description from SubmissionConcept Total Variation 2021 Population Population by District Community Submission p4717Ron's #2 Map - Overview Map and Data This plan largely maintains each city jurisdiction completely within one supervisorial district. It also brings Blackhawk/Alamo/Diablo into the same district as Danville and San Ramon, which is an imperative. These three areas are contiguous with the cities of Danville and/or San Ramon and completely identify with the two cities. Shopping, dining, and leisure time is primarily spent in Danville and San Ramon. Population: 1,168,064Equal Distribution: 233,613Citizen Voting Age Population(CVAP): 762,574 D istr ict P o p u latio n Va r ian ce P e r cen t D istr ict 1 2 35 ,8 6 5 2 ,2 5 2 0 .96 % D istr ict 2 2 36 ,8 3 1 3 ,2 1 8 1 .38 % D istr ict 3 2 36 ,8 7 0 3 ,2 5 7 1 .39 % D istr ict 4 2 26 ,8 8 7 (6 ,7 2 6) -2 .8 8% D istr ict 5 2 30 ,6 0 0 (3 ,0 1 3) -1 .2 9% 35 21 4 ANTIOCH CONCORD OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre 1 5 2 4 3 Prepared by the D epartmen t of Cons ervation a nd D evelo pment - GIS Grou p for th e October 5, 2 021 Boa rd of Supervisors Public Hearin g. Data Source: 20 21 California State Red istricting Data, Ad ju sted P.L 9 4-17 1 Redistricting D ata a nd b lock level Citizen V oting Age Populatio n (CVA P), Districtr online mapping submission NOTE: Data is presen ted a s it is submitted in Districtr online mappin g tool. District names may differ from cu rre nt district na me s. Not all b locks may be assigne d a district. Calcu ations are b ased on assigne d b locks o nly, except County CVAP District 1 District 2 District 3 District 4 District 5 0 5 102.5 Miles ¯Unassigned Population: 1,011Unassigned CVAP:: 601 Current Supervisorial Boundaries Citizen Voting Age Population(CVAP) by Race and Ethnicity L a t in o 9 ,7 9 2 L a t in o 2 5 ,1 3 9 L a t in o 3 3 ,4 1 8 L a t i n o 3 4 ,2 0 6 L a t i n o 3 5 ,1 1 0 W h i t e 1 0 7 ,2 0 9 W h i t e 1 0 8 ,6 6 6 W h i t e 5 1 ,8 3 1 W h i t e 7 2 ,6 3 4 W h i t e 6 0 ,4 6 1 B la c k 2 ,4 5 6 B la c k 5 ,2 6 0 B l a c k 2 5 ,8 2 6 B l a c k 2 0 ,4 2 4 B l a c k 1 9 ,6 7 8 A s i a n 3 0 ,1 2 2 A s i a n 2 0 ,0 8 5 A s i a n 2 4 ,1 6 8 A s i a n 1 4 ,5 4 7 A s i a n 2 6 ,6 3 4 O t h e r 4 ,6 3 8 O t h e r 7 ,4 9 4 O t h e r 6 ,1 0 5 O t h e r 8 ,2 8 8 O t h e r 7 ,7 8 2 0 % 1 0 % 2 0 % 3 0 % 4 0 % 5 0 % 6 0 % 7 0 % 8 0 % 9 0 % 1 0 0 % D i s t r ic t 1 1 5 4 2 1 7 D i s t r ic t 2 1 6 6 6 4 4 D i s t r i c t 3 1 4 1 3 4 8 D i s t r i c t 4 1 5 0 0 9 9 D is t r i c t 5 1 4 9 6 6 5 L a tin o 1 7 2 ,0 1 4 W h ite 4 6 0 ,5 0 5 B la c k 9 3 ,7 7 7 A s ia n 1 4 1 ,0 0 7 O th e r 4 2 ,1 7 1 C o u n t y 7 6 2 5 7 4 C O N T R A C O S T A C O U N T Y 0.38%Written Description from SubmissionConcept Total Variation 2021 Population Population by District Community Submission p4925Ron's #3 - Overview Map and Data This plan places Blackhawk, Diablo, Alamo, Round Hill into the same district as Danville and San Ramon, which are communities of common interests. Any redistricting plan MUST place these communities in the same district. Population: 1,168,064Equal Distribution: 233,613Citizen Voting Age Population(CVAP): 762,574 D istr ict P o p u latio n Va r ian ce P e r cen t D istr ict 1 2 33 ,0 7 0 (54 3) -0 .2 3% D istr ict 2 2 33 ,4 9 4 (11 9) -0 .0 5% D istr ict 3 2 33 ,3 4 9 (26 4) -0 .1 1% D istr ict 4 2 33 ,3 7 4 (23 9) -0 .1 0% D istr ict 5 2 33 ,9 6 5 35 2 0 .15 % 35 21 4 ANTIOCH CONCORD OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre 1 524 3 Prepared by the Department of Conservation and Development - GIS Group for the October 5, 2021 Board of Supervisors Public Hearing. Data Source: 2021 California State Redistricting Data, Adjusted P.L 94-171 Redistricting Data and block level Citizen Voting Age Population (CVAP), Districtr online mapping submissions NOTE: Data is presented as it is submitted in DistrictR online mapping tool. District names may differ from current district names. Not all blocks may be assigned a district. Calcuations are based on assigned blocks only, except County CVAP District 1 District 2 District 3 District 4 District 5 0 5 102.5 Miles ¯Unassigned Population: 812Unassigned CVAP: 591 Current Supervisorial Boundaries Citizen Voting Age Population(CVAP) by Race and Ethnicity L a tin o 1 7 2 ,0 1 4 W h ite 4 6 0 ,5 0 5 B la c k 9 3 ,7 7 7 A s ia n 1 4 1 ,0 0 7 O th e r 4 2 ,1 7 1 C o u n t y 7 6 2 5 7 4 L a t in o 1 0 ,5 5 9 L a t in o 3 1 ,1 9 1 L a t in o 3 5 ,7 4 4 L a t i n o 2 4 ,7 2 4 L a t i n o 3 5 ,5 0 4 W h i t e 1 0 3 ,1 2 1 W h i t e 5 4 ,9 0 9 W h i t e 6 0 ,4 3 2 W h i t e 1 0 6 ,9 4 1 W h i t e 7 5 ,3 6 0 B la c k 3 ,7 7 9 B la c k 2 4 ,2 1 8 B l a c k 2 0 ,3 4 6 B l a c k 5 ,0 8 5 B l a c k 2 0 ,2 5 6 A s i a n 2 9 ,3 5 5 A s i a n 2 4 ,0 0 0 A s i a n 2 7 ,7 8 5 A s i a n 2 0 ,1 2 4 A s i a n 1 4 ,2 1 9 O t h e r 4 ,7 9 7 O t h e r 6 ,2 3 4 O t h e r 8 ,0 1 6 O t h e r 7 ,2 3 2 O t h e r 8 ,0 5 2 0 % 1 0 % 2 0 % 3 0 % 4 0 % 5 0 % 6 0 % 7 0 % 8 0 % 9 0 % 1 0 0 % D i s t r ic t 1 1 5 1 6 1 1 D i s t r ic t 2 1 4 0 5 5 2 D i s t r i c t 3 1 5 2 3 2 3 D i s t r i c t 4 1 6 4 1 0 6 D is t r i c t 5 1 5 3 3 9 1 C O N T R A C O S T A C O U N T Y NA Written Description from SubmissionConcept Total Variation 2021 Population Population by District Community Submission p4926Add Blackhawk & Diabo to District 2 - Overview Map and Data Add Blackhawk & Diablo to District 2 and shift a piece of Walnut Creek to District 4 Population: 1,168,064Equal Distribution: 233,613Citizen Voting Age Population(CVAP): 762,574 D i str ic t P o p u la tio n V a r ia n c e P e r c e n t D i s t r i c t 1 5 ,0 1 9 (2 2 8 ,5 9 4 ) -9 7 .8 5 % D i s t r i c t 2 0 (2 3 3 ,6 1 3 ) -1 0 0 .0 0 % D i s t r i c t 3 0 (2 3 3 ,6 1 3 ) -1 0 0 .0 0 % D i s t r i c t 4 0 (2 3 3 ,6 1 3 ) -1 0 0 .0 0 % D i s t r i c t 5 4 ,2 2 2 (2 2 9 ,3 9 1 ) -9 8 .1 9 % 35 21 4 Current Supervisorial Boundaries ANTIOCH CONCORD OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre 1 5 Prepared by the Department of Conservation and Development - GIS Group for the October 5, 2021 Board of Supervisors Public Hearing. Data Source: 2021 California State Redistricting Data, Adjusted P.L 94-171 Redistricting Data and block level Citizen Voting Age Population (CVAP), Districtr online mapping submission District 1 District 2 District 3 District 4 District 5 Unassigned Population: 1,158,823Unassigned CVAP: 755,829 Citizen Voting Age Population(CVAP) by Race and Ethnicity Current Supervisorial Boundaries L a tin o 1 7 2 ,0 1 4 W h ite 4 6 0 ,5 0 5 B la c k 9 3 ,7 7 7 A s ia n 1 4 1 ,0 0 7 O th e r 4 2 ,1 7 1 C o u n t y 7 6 2 5 7 4 L a t i n o 2 3 9 L a t in o - L a t in o - L a t in o - L a t i n o 3 1 7 W h it e 3 ,0 8 7 W h i t e - W h i t e - W h i t e - W h i t e 1 ,8 9 5 B la c k 2 5 B la c k -B la c k - B l a c k - B l a c k 4 9 A s i a n 5 7 6 A s i a n - A s i a n - A s i a n - A s i a n 2 7 2 O t h e r 6 2 O t h e r - O t h e r - O t h e r - O t h e r 2 2 3 0 % 1 0 % 2 0 % 3 0 % 4 0 % 5 0 % 6 0 % 7 0 % 8 0 % 9 0 % 1 0 0 % D i s t r ic t 1 3 9 8 9 D i s t r i c t 2 D i s t r ic t 3 D i s t r ic t 4 D i s t r i c t 5 2 7 5 6 NOTE: Data is presented as it is submitted in DistrictR online mapping tool. District names may differ from current district names. Not all blocks may be assigned a district. Calcuations are based on assigned blocks only, except County CVAP 0 5 102.5 Miles ¯ Previous →← Next District 2 Proceed to Submit a Comment Basic Info Submitter: DON TATZIN Location: Lafayette Submitted on: 9/17/2021 Type: written ID: w4783 Tags Written Testimony Having lived here for more than forty years, I think the current District 2 boundaries make the most sense of any I have seen. I would like to ensure that Lamorinda remains together. Comments & Feedback No comments have been submitted. August 4, 2021 Honorable John M. Gioia Contra Costa County Board of Supervisors 1025 Escobar St. Martinez, CA 94553 Dear Supervisor Gioia, You will shortly be reviewing the required redistricting of the Supervisorial Electoral Districts. The overwhelming principle we hope you will consider is to take into consideration the Communities of Interest to provide a proper reflection of the people. In this regard, the Democratic Party of Contra Costa County has discussed this matter and, by a unanimous vote, advises you that the fundamental basis of a Community of Interest starts with the maintenance of boundaries of the incorporated cities of the county, all of which have come together historically to present to the state a genuine community of interest by its very formation. We have attached the resolution for your information. Therefore, we request, in consideration of the district lines to be established, that no incorporated city be divided such as is currently done with Pinole, Antioch and Walnut Creek. As no city is larger than the average projected size of 230,000 residents and whereas you have the flexibility to arrange districts with up to net 10 per cent variation in total, the goal of not dividing any city is within reasonable achievement. We look forward to your accomplishment of this consideration in reflecting the above Communities of Interest. Thank you, Katie Ricklefs Chair, Democratic Party of Contra Costa County We are the Party for and by the People contracostadems.org Redistricting: Cities in Contra Costa County are to be undivided Whereas the unity of cities is a major contributor to the development of political and social communities of interest in accordance with Democratic values; Therefore, be it resolved that the Democratic Party of Contra Costa County requests and encourages the Board of Supervisors of Contra Costa County to direct staff and abide by a policy that, in the redistricting of Supervisorial Districts, no city shall be divided, unless there is a prior vote of the City's Council to accept a division; and Be it further resolved that the Democratic Party of Contra Costa County will communicate this resolution to elected officials on the Board of Supervisors of Contra Costa County. Submitted by Honorable Edi Birsan, District 4 Approved by DPCCC Membership, July 15, 2021 We are the Party for and by the People contracostadems.org From: Roger Chelemedos (Email address deleted) Date: Saturday, September 4, 2021 at 5:46 AM To: Supervisor Candace Andersen <SupervisorAndersen@bos.cccounty.us> Subject: Redistricting Dear Supervisor Andersen, I live in Lafayette on Reliez Valley Road and our area is in Federal Glover's district #5. As a part of the redistricting discussions, I think it is widely accepted that this area (extending your supervisorial territory through Grayson Rd) should be in your district. No offense to district 5, but this area has much more in common with your constituents than we do in more eastern Contra Costa County. Seems to be a holdover from 20+ years ago when this area was aligned more closely with Pleasant Hill. While this county area may never annex into the City of Lafayette, we are in Lafayette school districts and participate in Lafayette Parks and Recreation Thank you, Roger Chelemedos Public Outreach Communications Report 11/1/2021 - Page 1 Redistricting Public Outreach Communications Report Media Coverage as of November 1, 2021 • East County Today, 8/5/2021: Contra Costa County Launches Redistricting Process First Public Hearing • Patch, 8/6/2021: Once-In-A-Decade Redistricting Process Kicks Off Tuesday In CoCo • KALW, 8/8/2021: Contra Costa County Invites Public To Help With Redistricting Process • Claycord, 8/8/2021: Contra Costa County To Host First Hearing For Supervisorial Redistricting Process • Danville San Ramon, 8/11/2021: County Supervisors Hold First Public Hearing in Local Redistricting Process • Lamorinda Weekly, 9/29/2021: Will Lamorinda be Broken up? Redistricting Process Underway • East County Today, 9/29/2021: Contra Costa County Redistricting Process Holds Second Public Hearing on October 5 • The Pioneer, 9/29/2021: Contra Costa Redistricting Process Holds Second Public Hearing Oct. 5 • Pioneer Publishers, 10/3/2021: So This Happened… Week of Sept. 27 to Oct. 3 • California Patch.com, 10/13/2021: Contra Costa County Government: Contra Costa County Redistricting Process Holds Third Public Hearing • USA Breaking News, 10/13/2021: Contra Costa County Government: Contra Costa County Redistricting Process Holds Third Public Hearing Public Outreach Communications Report 11/1/2021 - Page 2 • East County Today, 10/21/2021: Next Contra Costa County Community Redistricting Workshop Set for Oct. 24 • Patch, 10/25/2021: City of Concord: Committee Meeting To Discuss County Redistricting Redistricting News Releases August 5, 2021: Contra Costa County Launches Redistricting Process First Public Hearing on August 10, 2021 (PDF) August 13, 2021: Census Bureau Releases First Local Data that Forms the Basis for the County’s Redistricting Process (PDF) September 28, 2021: Contra Costa County Will Hold Second Public Hearing for Redistricting Process (PDF) October 12, 2021: Contra Costa County Redistricting Process Holds Third Public Hearing (PDF) Email Messaging to Redistricting Subscriber List Total 272 Subscribers: • Redistricting Subscribers (online sign ups): 82 • Census Grantees and Interested Parties: 172 • City Manager List: 24 • Redistricting Key Staff: 11 *Note: Total of all subgroups is 289 because some people are in more than one subgroup. The average Open Rate (the percentage of contacts who opened an email compared to how many contacts were sent the email) is 43%. The average Click-through Rate (measures the proportion of the unique contacts who opened an email and then clicked on any link in the email) is 7.22%. CoCoRedistricting.org and County Website Overall Website Outreach & Engagement • Overall Total of Website Page Views since site launched: 7,060 • CoCoRedistricting.org Homepage received the most views, followed by Timeline and Events, About Redistricting, Share Your Community of Interest, and Redistricting Maps and Data. Public Outreach Communications Report 11/1/2021 - Page 3 Social Media Outreach Overall Total of Twitter and Nextdoor Views and Engagements/Reactions to date: 263,875 Twitter Postings to Date Twitter Posts Total Impressions (times people saw tweets on twitter) 57,290 Engagements (times people interacted with tweets) 1,153 Total 58,443 Nextdoor Postings to Date Nextdoor Posts Total Impressions (number of residents who viewed and opened a post in their Nextdoor newsfeed or email) 205,315 Reactions (times people interacted with post) 117 Total 205,432 San RiverStraitCarquinez BigBreak San Leandro Reservoir Los Vaqueros Reservoir BrionesReservoir San Pablo Reservoir CliftonCourtForebay FranksTract HonkerBay SuisunBay SanPabloBay SanFranciscoBay Sacramento RiverJoaquinOld RiverNaval ByronAirport Military OceanTerminal Complex MtDiablo Buch-ananAirport Chevron Marathon Philips66 KellerCanyonLandfill West Co.Landfill Martinez MorganTerritory TassajaraValley AgriculturalCore ByronTract ConeyIsland QuimbyIsland OrwoodTract PalmTract VealeTract BixlerTract HollandTract JerseyIsland BradfordIsland WebbTract WinterIsland BrownsIsland FranklinCanyon BollingerCanyon VascoHills Briones Canyon SandmoundSlough Refinery Former Weapons Concord Station Bethel Island Kensington El Sobrante Rodeo Crockett Alamo Knightsen Discovery Bay Byron Bay Point Pacheco Blackhawk Diablo Port Costa Clyde North Richmond Saranap ContraCostaCentre Mt View Vine Hill Tara Hills Montalvin Manor Bayview East Richmond Heights San Miguel North Gate Reliez Alhambra Valley Rollingwood Shell Ridge Camino Tassajara Norris Canyon Valley WALNUTCREEK Acalanes Ridge Castle Hill HERCULES PINOLE RICHMOND MARTINEZ CONCORD PLEASANTHILL WALNUTCREEK LAFAYETTE CLAYTON ANTIOCH OAKLEY BRENTWOOD SANRAMON ORINDA MORAGA ELCERRITO SAN PABLO PITTSBURG DANVILLE ANTIOCH }ÿ4 }ÿ24 }ÿ242 }ÿ160 }ÿ4 }ÿ4 }ÿ4 §¨¦80 §¨¦80 567J4 §¨¦580 §¨¦80 §¨¦680 §¨¦680 §¨¦680 §¨¦680 }ÿ4}ÿ4 }ÿ4 }ÿ4 }ÿ24 BERKELEY OAKLAND SAN FRANCISCO DUBLIN ALAMEDA ALBANY BENICIA VALLEJO SAN LEANDRO LIVERMORE TRACY DALY CITY Castro Valley Mountain House Diablo, Blackhawk, Camino Tassajara, and Tassajara Valleyto District 2 -6762-2.89% All ofPinoleto District 1 3 1 2 4 5 Concord split at former railroad right-of-way,Hwy 242, Olivera Rd, Willow Pass Rd,FCNWS Willow Pass Rd, Hwy 4 Pittsburg's 'Tuscany Meadows'annexation to District 5.Antioch split at Hwy 4,Cavallo Rd, Fulton Shipyard Rd MorganTerritory Rdarea inside MtDiablo schooldistrict toDistrict 4 Split at Hwy 24 and I-680Acalanes Ridge CDPin District 4;Saranap and Castle HillCDP in District 2 Split by School District & City SOI:Lafayette Elementary - Dist 2Mt Diablo School & WC SOI - Dist 4Mt Diablo School & PH SOI - Dist 4Martinez School & PH SOI - Dist 5 24551.05% -11522-4.93% 45641.95% 112644.82% PINOLE CONCORD ANTIOCH Reliez Valley WALNUT CREEK San Ramon Valley Morgan Territory CONTRA COSTA COUNTY ¯0 5 102.5 Miles District 1 District 2 District 3 District 4 District 5 CurrentDistricts Population VarianceVariance Percentage TotalVariance9.75% DRAFT - 2021 Supervisorial DistrictsDetailed Map - Proposed Map:A Prepared by the Department of Conservation and Development - GIS Group for the November 9th, 2021 Board of Supervisors Public Hearing. CONTRA COSTA COUNTY 35 21 4 Current Supervisorial Boundaries Demographic AnalysisRace and Ethnicity by District 9.75%2021 PopulationPopulation: 1,168,069Equal Distribution: 233,614Citizen Voting Age Population(CVAP): 761,065 CONCORD15 2 4 3 ANTIOCH OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre Prepared by the Department of Conservation and Development - GIS Group for the November 9th, 2021 Board of Supervisors Public Hearing.Data Source: 2021 California State Redistricting Data, Adjusted P.L 94-171 Redistrricting Data and block level Citizen Voting Age Population (CVAP) District 1 District 2 District 3 District 4 District 5 Total Population - Race and Ethnicty Citizen Voting Age Population (CVAP)Race and Ethnicty Population by DistrictTotal Variance Population Variance Percentage by District DRAFT - 2021 Supervisorial DistrictsOverview Map and Data - Proposed Map:A District Population Variance Percent District 1 236,069 2,455 1.05% District 2 244,878 11,264 4.82% District 3 226,852 (6,762) -2.89% District 4 238,178 4,564 1.95% District 5 222,092 (11,522) -4.93% 1.05% 4.82% -2.89% 1.95% -4.93%-5.0% -2.5% 0.0% 2.5% 5.0% District 1 District 2 District 3 District 4 District 5 Total Latino White Black Asian Other 95,017 51,396 33,307 40,760 15,589 40.2% 21.8% 14.1% 17.3% 6.6% 19,799 133,531 3,879 71,377 16,292 8.1% 54.5% 1.6% 29.1% 6.7% 71,116 83,123 27,961 27,185 17,467 31.3% 36.6% 12.3% 12.0% 7.7% 50,136 126,362 7,113 36,399 18,168 21.0% 53.1% 3.0% 15.3% 7.6% 79,357 61,469 26,739 38,827 15,700 35.7% 27.7% 12.0% 17.5% 7.1% 315,425 455,881 98,999 214,548 83,216 27.0% 39.0% 8.5% 18.4% 7.1% District 5 222,092 County 1,168,069 District 3 226,852 District 4 238,178 District 1 236,069 District 2 244,878 Total Latino White Black Asian Other 35,145 45,432 27,283 26,038 6,421 25.0% 32.4% 19.4% 18.6% 4.6% 9,962 112,518 2,542 31,023 4,632 6.2% 70.0% 1.6% 19.3% 2.9% 34,724 73,922 20,294 14,578 7,509 23.0% 48.9% 13.4% 9.7% 5.0% 23,526 111,546 5,309 20,243 7,231 14.0% 66.5% 3.2% 12.1% 4.3% 34,359 57,680 18,256 23,717 7,175 24.3% 40.9% 12.9% 16.8% 5.1% 137,716 401,098 73,684 115,599 32,968 18.1% 52.7% 9.7% 15.2% 4.3% District 5 141,187 County 761,065 District 2 160,677 District 3 151,027 District 4 167,855 District 1 140,319 San RiverStraitCarquinez BigBreak San Leandro Reservoir Los Vaqueros Reservoir BrionesReservoir San Pablo Reservoir CliftonCourtForebay FranksTract HonkerBay SuisunBay SanPabloBay SanFranciscoBay Sacramento RiverJoaquinOld RiverNaval ByronAirport Military OceanTerminal Complex MtDiablo Buch-ananAirport Chevron Marathon Philips66 KellerCanyonLandfill West Co.Landfill Martinez MorganTerritory TassajaraValley AgriculturalCore ByronTract ConeyIsland QuimbyIsland OrwoodTract PalmTract VealeTract BixlerTract HollandTract JerseyIsland BradfordIsland WebbTract WinterIsland BrownsIsland FranklinCanyon BollingerCanyon VascoHills Briones Canyon SandmoundSlough Refinery Former Weapons Concord Station Bethel Island Kensington El Sobrante Rodeo Crockett Alamo Knightsen Discovery Bay Byron Bay Point Pacheco Blackhawk Diablo Port Costa Clyde North Richmond Saranap ContraCostaCentre Mt View Vine Hill Tara Hills Montalvin Manor Bayview East Richmond Heights San Miguel North Gate Reliez Alhambra Valley Rollingwood Shell Ridge Camino Tassajara Norris Canyon Valley WALNUTCREEK Acalanes Ridge Castle Hill HERCULES PINOLE RICHMOND MARTINEZ CONCORD PLEASANTHILL WALNUTCREEK LAFAYETTE CLAYTON ANTIOCH OAKLEY BRENTWOOD SANRAMON ORINDA MORAGA ELCERRITO SAN PABLO PITTSBURG DANVILLE ANTIOCH }ÿ4 }ÿ24 }ÿ242 }ÿ160 }ÿ4 }ÿ4 }ÿ4 §¨¦80 §¨¦80 567J4 §¨¦580 §¨¦80 §¨¦680 §¨¦680 §¨¦680 §¨¦680 }ÿ4}ÿ4 }ÿ4 }ÿ4 }ÿ24 BERKELEY OAKLAND SAN FRANCISCO DUBLIN ALAMEDA ALBANY BENICIA VALLEJO SAN LEANDRO LIVERMORE TRACY DALY CITY Castro Valley Mountain House Diablo, Blackhawk, Camino Tassajara, and Tassajara Valleyto District 2 -9356-4.00% All ofPinoleto District 1 3 1 2 4 5 Concord split at former railroad right-of-way,Hwy 242, Olivera Rd, Willow Pass Rd,FCNWS Willow Pass Rd, Hwy 4 Pittsburg's 'Tuscany Meadows'annexation to District 5.Antioch split at Hwy 4, A St,UP railroad, AlphaWay, E 18th St MorganTerritory Rdarea inside MtDiablo schooldistrict toDistrict 4 Split at Hwy 24 and I-680Acalanes Ridge CDPin District 4;Saranap and Castle HillCDP in District 2 Split by School District & City SOI:Lafayette Elementary - Dist 2Mt Diablo School & WC SOI - Dist 4Mt Diablo School & PH SOI - Dist 4Martinez School & PH SOI - Dist 5 24551.05% -8928-3.82% 45641.95% 112644.82% PINOLE CONCORD ANTIOCH Reliez Valley WALNUT CREEK San Ramon Valley Morgan Territory CONTRA COSTA COUNTY ¯0 5 102.5 Miles District 1 District 2 District 3 District 4 District 5 CurrentDistricts Population VarianceVariance Percentage TotalVariance8.83% DRAFT - 2021 Supervisorial DistrictsDetailed Map - Proposed Map:B Prepared by the Department of Conservation and Development - GIS Group for the November 9th, 2021 Board of Supervisors Public Hearing. CONTRA COSTA COUNTY 35 21 4 Current Supervisorial Boundaries Demographic AnalysisRace and Ethnicity by District 8.83%2021 PopulationPopulation: 1,168,069Equal Distribution: 233,614Citizen Voting Age Population(CVAP): 761,065 CONCORD15 2 4 3 ANTIOCH OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre Prepared by the Department of Conservation and Development - GIS Group for the November 9th, 2021 Board of Supervisors Public Hearing.Data Source: 2021 California State Redistricting Data, Adjusted P.L 94-171 Redistrricting Data and block level Citizen Voting Age Population (CVAP) District 1 District 2 District 3 District 4 District 5 Total Population - Race and Ethnicty Citizen Voting Age Population (CVAP)Race and Ethnicty Population by DistrictTotal Variance Population Variance Percentage by District DRAFT - 2021 Supervisorial DistrictsOverview Map and Data - Proposed Map:B District Population Variance Percent District 1 236,069 2,455 1.05% District 2 244,878 11,264 4.82% District 3 224,258 (9,356) -4.00% District 4 238,178 4,564 1.95% District 5 224,686 (8,928) -3.82% 1.05% 4.82% -4.00% 1.95% -3.82%-5.0% -2.5% 0.0% 2.5% 5.0% District 1 District 2 District 3 District 4 District 5 Total Latino White Black Asian Other 95,017 51,396 33,307 40,760 15,589 40.2% 21.8% 14.1% 17.3% 6.6% 19,799 133,531 3,879 71,377 16,292 8.1% 54.5% 1.6% 29.1% 6.7% 70,266 82,334 27,292 27,084 17,282 31.3% 36.7% 12.2% 12.1% 7.7% 50,136 126,362 7,113 36,399 18,168 21.0% 53.1% 3.0% 15.3% 7.6% 80,207 62,258 27,408 38,928 15,885 35.7% 27.7% 12.2% 17.3% 7.1% 315,425 455,881 98,999 214,548 83,216 27.0% 39.0% 8.5% 18.4% 7.1% District 5 224,686 County 1,168,069 District 3 224,258 District 4 238,178 District 1 236,069 District 2 244,878 Total Latino White Black Asian Other 35,145 45,432 27,283 26,038 6,421 25.0% 32.4% 19.4% 18.6% 4.6% 9,962 112,518 2,542 31,023 4,632 6.2% 70.0% 1.6% 19.3% 2.9% 34,529 72,745 19,685 14,568 7,446 23.2% 48.8% 13.2% 9.8% 5.0% 23,526 111,546 5,309 20,243 7,231 14.0% 66.5% 3.2% 12.1% 4.3% 34,554 58,857 18,865 23,727 7,238 24.1% 41.1% 13.2% 16.6% 5.1% 137,716 401,098 73,684 115,599 32,968 18.1% 52.7% 9.7% 15.2% 4.3% District 5 143,241 County 761,065 District 2 160,677 District 3 148,973 District 4 167,855 District 1 140,319 San RiverStraitCarquinez BigBreak San Leandro Reservoir Los Vaqueros Reservoir BrionesReservoir San Pablo Reservoir CliftonCourtForebay FranksTract HonkerBay SuisunBay SanPabloBay SanFranciscoBay Sacramento RiverJoaquinOld RiverNaval ByronAirport Military OceanTerminal Complex MtDiablo Buch-ananAirport Chevron Marathon Philips66 KellerCanyonLandfill West Co.Landfill Martinez MorganTerritory TassajaraValley AgriculturalCore ByronTract ConeyIsland QuimbyIsland OrwoodTract PalmTract VealeTract BixlerTract HollandTract JerseyIsland BradfordIsland WebbTract WinterIsland BrownsIsland FranklinCanyon BollingerCanyon VascoHills Briones Canyon SandmoundSlough Refinery Former Weapons Concord Station Bethel Island Kensington El Sobrante Rodeo Crockett Alamo Knightsen Discovery Bay Byron Bay Point Pacheco Blackhawk Diablo Port Costa Clyde North Richmond Saranap ContraCostaCentre Mt View Vine Hill Tara Hills Montalvin Manor Bayview East Richmond Heights San Miguel North Gate Reliez Alhambra Valley Rollingwood Shell Ridge Camino Tassajara Norris Canyon Valley WALNUTCREEK Acalanes Ridge Castle Hill HERCULES PINOLE RICHMOND MARTINEZ CONCORD PLEASANTHILL WALNUTCREEK LAFAYETTE CLAYTON ANTIOCH OAKLEY BRENTWOOD SANRAMON ORINDA MORAGA ELCERRITO SAN PABLO PITTSBURG DANVILLE ANTIOCH }ÿ4 }ÿ24 }ÿ242 }ÿ160 }ÿ4 }ÿ4 }ÿ4 §¨¦80 §¨¦80 567J4 §¨¦580 §¨¦80 §¨¦680 §¨¦680 §¨¦680 §¨¦680 }ÿ4}ÿ4 }ÿ4 }ÿ4 }ÿ24 BERKELEY OAKLAND SAN FRANCISCO DUBLIN ALAMEDA ALBANY BENICIA VALLEJO SAN LEANDRO LIVERMORE TRACY DALY CITY Castro Valley Mountain House Diablo, Blackhawk, Camino Tassajara, and Tassajara Valleyto District 2 -10127-4.33% All ofPinoleto District 1 3 1 2 4 5 Concord split at former railroad right-of-way, Hwy 242, Olivera Rd Port Chicago Hwy, Hwy 4 Pittsburg's 'Tuscany Meadows'annexation to District 5.Antioch split at Hwy 4, A St,UP railroad, CavalloRd, E 18th St MorganTerritory Rdarea inside MtDiablo schooldistrict toDistrict 4 Split at Hwy 24 and I-680Acalanes Ridge CDPin District 4;Saranap and Castle HillCDP in District 2 Split by School District & City SOI:Lafayette Elementary - Dist 2Mt Diablo School & WC SOI - Dist 4Mt Diablo School & PH SOI - Dist 4Martinez School & PH SOI - Dist 5 24551.05% -9355-4.00% 57622.47% 112644.82% PINOLE CONCORD ANTIOCH Reliez Valley WALNUT CREEK San Ramon Valley Morgan Territory CONTRA COSTA COUNTY ¯0 5 102.5 Miles District 1 District 2 District 3 District 4 District 5 CurrentDistricts Population VarianceVariance Percentage TotalVariance9.16% DRAFT - 2021 Supervisorial DistrictsDetailed Map - Proposed Map:C Prepared by the Department of Conservation and Development - GIS Group for the November 9th, 2021 Board of Supervisors Public Hearing. CONTRA COSTA COUNTY 35 21 4 Current Supervisorial Boundaries Demographic AnalysisRace and Ethnicity by District 9.16%2021 PopulationPopulation: 1,168,069Equal Distribution: 233,614Citizen Voting Age Population(CVAP): 761,065 CONCORD15 2 4 3 ANTIOCH OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre Prepared by the Department of Conservation and Development - GIS Group for the November 9th, 2021 Board of Supervisors Public Hearing.Data Source: 2021 California State Redistricting Data, Adjusted P.L 94-171 Redistrricting Data and block level Citizen Voting Age Population (CVAP) District 1 District 2 District 3 District 4 District 5 Total Population - Race and Ethnicty Citizen Voting Age Population (CVAP)Race and Ethnicty Population by DistrictTotal Variance Population Variance Percentage by District DRAFT - 2021 Supervisorial DistrictsOverview Map and Data - Proposed Map:C District Population Variance Percent District 1 236,069 2,455 1.05% District 2 244,878 11,264 4.82% District 3 223,487 (10,127) -4.33% District 4 239,376 5,762 2.47% District 5 224,259 (9,355) -4.00% 1.05% 4.82% -4.33% 2.47% -4.00%-5.0% -2.5% 0.0% 2.5% 5.0% District 1 District 2 District 3 District 4 District 5 Total Latino White Black Asian Other 95,017 51,396 33,307 40,760 15,589 40.2% 21.8% 14.1% 17.3% 6.6% 19,799 133,531 3,879 71,377 16,292 8.1% 54.5% 1.6% 29.1% 6.7% 69,894 82,114 27,194 27,066 17,219 31.3% 36.7% 12.2% 12.1% 7.7% 50,573 126,832 7,128 36,576 18,267 21.1% 53.0% 3.0% 15.3% 7.6% 80,142 62,008 27,491 38,769 15,849 35.7% 27.7% 12.3% 17.3% 7.1% 315,425 455,881 98,999 214,548 83,216 27.0% 39.0% 8.5% 18.4% 7.1% District 5 224,259 County 1,168,069 District 3 223,487 District 4 239,376 District 1 236,069 District 2 244,878 Total Latino White Black Asian Other 35,145 45,432 27,283 26,038 6,421 25.0% 32.4% 19.4% 18.6% 4.6% 9,962 112,518 2,542 31,023 4,632 6.2% 70.0% 1.6% 19.3% 2.9% 34,337 72,617 19,606 14,549 7,430 23.1% 48.9% 13.2% 9.8% 5.0% 23,802 111,801 5,309 20,538 7,283 14.1% 66.3% 3.1% 12.2% 4.3% 34,470 58,730 18,944 23,451 7,202 24.1% 41.1% 13.3% 16.4% 5.0% 137,716 401,098 73,684 115,599 32,968 18.1% 52.7% 9.7% 15.2% 4.3% District 5 142,797 County 761,065 District 2 160,677 District 3 148,539 District 4 168,733 District 1 140,319 San RiverStraitCarquinez BigBreak San Leandro Reservoir Los Vaqueros Reservoir BrionesReservoir San Pablo Reservoir CliftonCourtForebay FranksTract HonkerBay SuisunBay SanPabloBay SanFranciscoBay JoaquinOld RiverSacramento RiverNaval ByronAirport Military OceanTerminal Complex MtDiablo Buch-ananAirport Chevron Marathon Philips66 KellerCanyonLandfill West Co.Landfill Martinez MorganTerritory TassajaraValley AgriculturalCore ByronTract ConeyIsland QuimbyIsland OrwoodTract PalmTract VealeTract BixlerTract HollandTract JerseyIsland BradfordIsland WebbTract WinterIsland BrownsIsland FranklinCanyon BollingerCanyon VascoHills Briones Canyon SandmoundSlough Refinery Former Weapons Concord Station Bethel Island Kensington El Sobrante Rodeo Crockett Alamo Knightsen Discovery Bay Byron Bay Point Pacheco Blackhawk Diablo Port Costa Clyde North Richmond Saranap ContraCostaCentre Mt View Vine Hill Tara Hills Montalvin Manor Bayview East Richmond Heights San Miguel North Gate Reliez Alhambra Valley Rollingwood Shell Ridge Camino Tassajara Norris Canyon Valley Acalanes Ridge Castle Hill HERCULES PINOLE RICHMOND MARTINEZ CONCORD PLEASANTHILL WALNUTCREEK LAFAYETTE CLAYTON ANTIOCH OAKLEY BRENTWOOD SANRAMON ORINDA MORAGA ELCERRITO SAN PABLO PITTSBURG DANVILLE ANTIOCH }ÿ4 }ÿ24 }ÿ242 }ÿ160 }ÿ4 }ÿ4 }ÿ4 §¨¦80 §¨¦80 567J4 §¨¦580 §¨¦80 §¨¦680 §¨¦680 §¨¦680 §¨¦680 }ÿ4}ÿ4 }ÿ4 }ÿ4 }ÿ24 BERKELEY OAKLAND SAN FRANCISCO DUBLIN ALAMEDA ALBANY BENICIA VALLEJO SAN LEANDRO LIVERMORE TRACY DALY CITY Castro Valley Mountain House Diablo, Blackhawk, Camino Tassajara, and Tassajara Valleyto District 2 Split at Hwy 24 and I-680Acalanes Ridge CDPin District 4;Saranap and Castle HillCDP in District 2 Split by School District & City SOI:Lafayette Elementary - Dist 2Mt Diablo School & WC SOI - Dist 4Mt Diablo School & PH SOI - Dist 4Martinez School & PH SOI - Dist 5 92733.97% 112644.82% -11568-4.95% -11425-4.89% All ofPinoleto District 1 24551.05% 3 1 2 4 5 San Ramon Valley WALNUT CREEK Reliez Valley PINOLE CONCORD ANTIOCH Concord split at former railroad right-of-way,Hwy 242, Hwy 4 Pittsburg's 'Tuscany Meadows'annexation to District 5.Antioch split at Somersville Rd,Auto Center Dr,UP railroad WALNUTCREEK Morgan TerritoryMorganTerritory Rdarea inside MtDiablo schooldistrict toDistrict 4 CONTRA COSTA COUNTY ¯0 5 102.5 Miles District 1 District 2 District 3 District 4 District 5 CurrentDistricts Population VarianceVariance Percentage TotalVariance9.77% DRAFT - 2021 Supervisorial DistrictsDetailed Map - Proposed Map:D Prepared by the Department of Conservation and Development - GIS Group for the November 9th, 2021 Board of Supervisors Public Hearing. CONTRA COSTA COUNTY 35 21 4 Current Supervisorial Boundaries Demographic AnalysisRace and Ethnicity by District 9.77%Total Variance 2021 PopulationPopulation: 1,168,069Equal Distribution: 233,614Citizen Voting Age Population(CVAP): 761,065 CONCORD15 2 4 3 ANTIOCH OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre Prepared by the Department of Conservation and Development - GIS Group for the November 9th, 2021 Board of Supervisors Public Hearing.Data Source: 2021 California State Redistricting Data, Adjusted P.L 94-171 Redistrricting Data and block level Citizen Voting Age Population (CVAP) District 1 District 2 District 3 District 4 District 5 Total Population - Race and Ethnicty Citizen Voting Age Population (CVAP)Race and Ethnicty Population by District Population Variance Percentage by District DRAFT - 2021 Supervisorial DistrictsOverview Map and Data - Proposed Map:D District Population Variance Percent District 1 236,069 2,455 1.05% District 2 244,878 11,264 4.82% District 3 222,046 (11,568) -4.95% District 4 242,887 9,273 3.97% District 5 222,189 (11,425) -4.89% 1.05% 4.82% -4.95% 3.97% -4.89%-5.0% -2.5% 0.0% 2.5% 5.0% District 1 District 2 District 3 District 4 District 5 Total Latino White Black Asian Other 95,017 51,396 33,307 40,760 15,589 40.2% 21.8% 14.1% 17.3% 6.6% 19,799 133,531 3,879 71,377 16,292 8.1% 54.5% 1.6% 29.1% 6.7% 69,542 81,031 27,904 26,345 17,224 31.3% 36.5% 12.6% 11.9% 7.8% 51,722 128,353 7,243 36,979 18,590 21.3% 52.8% 3.0% 15.2% 7.7% 79,345 61,570 26,666 39,087 15,521 35.7% 27.7% 12.0% 17.6% 7.0% 315,425 455,881 98,999 214,548 83,216 27.0% 39.0% 8.5% 18.4% 7.1% District 5 222,189 County 1,168,069 District 3 222,046 District 4 242,887 District 1 236,069 District 2 244,878 Total Latino White Black Asian Other 35,145 45,432 27,283 26,038 6,421 25.0% 32.4% 19.4% 18.6% 4.6% 9,962 112,518 2,542 31,023 4,632 6.2% 70.0% 1.6% 19.3% 2.9% 33,432 71,479 20,136 14,262 7,515 22.8% 48.7% 13.7% 9.7% 5.1% 24,248 113,490 5,383 20,841 7,422 14.1% 66.2% 3.1% 12.2% 4.3% 34,929 58,179 18,340 23,435 6,978 24.6% 41.0% 12.9% 16.5% 4.9% 137,716 401,098 73,684 115,599 32,968 18.1% 52.7% 9.7% 15.2% 4.3% District 5 141,861 County 761,065 District 2 160,677 District 3 146,824 District 4 171,384 District 1 140,319 CONTRA COSTA COUNTY BOARD OF SUPERVISORS REDISTRICTING PUBLIC HEARING # 4 9:00 AM November 9, 2021 1 Contra Costa County Redistricting Redistricting is necessary to comply with Equal Protection Clause, 14th Amendment, U.S. Constitution, “one person, one vote” Board redistricting last occurred in 2011 (Ord. 2011-15) In Contra Costa County, the Board of Supervisors is responsible for drawing supervisorial districts. This must be done using Official U.S. Census data, that was released on September 20, 2021. 2 3 PUBLIC OUTREACH “ensure transparent process, providing exceptional public access to information” •Increased media contacts for broader outreach, including targeted outreach to ethnic media with news releases available and disseminated in English, Spanish and Chinese •The County Library system with its multiple locations and the Richmond Library provided printed materials, such as flyers in English, Spanish and Chinese, internet access and website promotion •County departments including the Clerk-Recorder-Elections Department and Employment and Human Services Department, shared information via websites and social media channels •The County’s main website and dedicated CoCoRedistricting.org website spotlight the Redistricting Process with multilingual graphics and text, including links to information & input opportunities; information is available in English, Spanish, and Chinese with the added option of Google Translate for more languages. •Outreach includes social media use with increasing numbers in overall reach and engagement and frequent email newsletters sent with specific input opportunities and materials from flyers, FAQs, and graphics to a subscriber list, including cities, local elected officials, Census 2020 outreach partners, community organizations, local leaders, advocates, and any individual or organization interested in receiving communications. 4 PUBLIC OUTREACH “ensure transparent process, providing exceptional public access to information” Redistricting Communications Report Email Messaging subscribers 272 Dedicated Redistricting Website Reviews 7,060 Twitter & Nextdoor Posts 263,875 The Complete Redistricting Communications Report is available (Attachment B to the November 9, 2021 Public Hearing Board Order) 5 Redistricting Public Hearing Schedule AUGUST 10, 2021 @ 9:00 AM September 20, 2021 October 5, 2021 @ 9:00 AM October 19, 2021 @ 6:15 PM Community Workshops October 23 –28, 2021 November 9, 2021 @ 9:00 AM November 23, 2021 @ 9:00 AM December 15, 2021 Redistricting Public Hearing #1 Release of California State Adjusted 2020 Census Redistricting Data Public Hearing #2 Public Hearing # 3 Hosted 3 Community Online Workshops 6 Supervisorial District Workshops Public Hearing #4 Public Hearing #5 Statutory Deadline to complete Redistricting 6 CALIFORNIA LAW MANDATORY REQUIREMENTS •Strict Time Limits –Elections Code section 21501 requires that the boundaries of the supervisorial districts shall be adopted by the board no later than December 15, 2021 •Before adopting a final map, the board shall hold at least four (4) Public Hearings •One before draft maps are drawn •At least two (2) after the maps are drawn •At least one on a Saturday, Sunday or after 6:00 PM Monday through Friday •Public Hearings at a fixed time regardless of other agenda items, but Board may first conclude any item being discussed 7 CALIFORNIA FAIR MAPS ACT RANKED PRIORITIES 8 To the extent practicable, supervisorial districts shall be geographically contiguous.Areas that meet only at the points of adjoining corners,are separated by water and not connected by a bridge, tunnel or regular ferry service are not contiguous. Geographic integrity of any local neighborhood or local Community of Interest (COI)shall be respected in a manner that minimizes its division. To the extent practicable, geographic integrity of a city or census designated place shall be respected in a manner that minimizes its division. Supervisorial district boundaries should be easily identifiable and understandable by residents.To the extent practicable, supervisorial districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the county. To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, supervisorial districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations. The Board of Supervisors shall not adopt supervisorial district boundaries for the purpose of favoring or discriminating against a political party. AB 1276 Fair Maps Act Race/Ethnicity by Supervisorial District Latino 35.0% Latino 22.4% Latino 29.5% Latino 8.5% Latino 40.9% Latino 27.0% White 27.5% White 51.7% White 37.9% White 55.1% White 21.7% White 39.1% Black 12.4% Black 3.0% Black 11.4% Black 1.6% Black 14.0% Black 8.4% Asian 17.9% Asian 15.2% Asian 13.6% Asian 28.0% Asian 16.8% Asian 18.4% Other 7.1% Other 7.7% Other 7.6% Other 6.7% Other 6.6% Other 7.1% 0%10%20%30%40%50%60%70%80%90%100% District 5 District 4 District 3 District 2 District 1 County Race and Ethnicity: Total Population Latino 23.3% Latino 15.1% Latino 21.7% Latino 6.5% Latino 25.6% Latino 18.1% White 40.5% White 65.4% White 50.2% White 70.4% White 32.2% White 52.7% Black 13.7% Black 3.2% Black 12.3% Black 1.6% Black 19.7% Black 9.7% Asian 17.3% Asian 12.2% Asian 10.9% Asian 18.3% Asian 17.9% Asian 15.2% Other 5.1% Other 4.2% Other 4.8% Other 3.1% Other 4.5% Other 4.3% 0%10%20%30%40%50%60%70%80%90%100% District 5 District 4 District 3 District 2 District 1 County Race and Ethnicity: Citizen Voting Age Population Community of Interest A “community of interest” is a population that shares common social or economic interests that should be included within a single supervisorial district for purposes of effective and fair representation. A “Community of interest” can be almost anything, but must be identifiable by a specific geographic area 11 GUIDING PRINCIPLES / CRITERIA When possible maintain communities of interest together in a single district and avoid splitting communities. Examples of Community of Interests: Urban and rural interests Housing patterns and living conditions (urban, suburban, rural) Social interests Community centers Cultural, religious, and language characteristics School districts / attendance areas City Boundaries Policy issues (concerns about crime, education, etc.) Employment and economic patterns (How are community residents employed? What is the economic base of the community?) Health and environmental conditions More Examples of Community of interests are shown on our Dedicated Redistricting Website at www.CoCoRedistricting.org 12 Contra Costa County Dedicated Redistricting Website Submission Gallery New Community Of Interests or Supervisorial District Maps Submitted by the Public Since October 19, 2021 Public Hearing 14 15 16 17 18 WHY IT IS DIFFICULT TO DRAW MAPS THAT KEEP CITIES WHOLE 19 20 21 PROPOSED STRUCTURE FOR A FINAL SUPERVISORIAL MAP 22 23 24 25 26 27 28 29 30 BOARD REDISTRICTING 2021 QUESTIONS? 31 BOARD REDISTRICTING 2021 Extra slides 32 Hosted Three Community Online Workshops These were Technical Workshops intended for the public to learn how the online mapping application works and how to submit Suggestions for Community of Interests or suggestions for Supervisorial District maps First Community Workshop was conducted by Districtr on September 15, 2021 Second Community Workshop was conducted in Spanish & Hosted by Districtr on October 13, 2021 Third Community Workshop was conducted by Districtr October 14, 2021 More information is available at www.CoCoRedistricting.org 33 Conducted Six (6) Individual Redistricting Supervisorial workshops Saturday, October 23, 2021 @ 9:00 AM at the San Ramon City Hall, 7000 Bollinger Canyon Road, San Ramon 94583 Hosted by Supervisor Candace Andersen Sunday, October 24, 2021 @ 12:00 NOON County Board chambers, 1025 Escobar Street, Martinez 94553 by zoom only Hosted by Supervisor Diane Burgis Monday, October 25, 2021 @ 7:00 PM at the Pleasant Hill Community Center –Perera Pavilion, 320 Civic Drive, Pleasant Hill 94523 Hosted by Supervisor Karen Mitchoff Tuesday, October 26, 2021 @ 7:00 PM County Board chambers, 1025 Escobar Street, Martinez 94553 by zoom only Hosted by Supervisors Diane Burgis & Federal Glover Wednesday, October 27, 2021 @ 6:30 PM at the San Pablo City Hall, 1000 Gateway Avenue, San Pablo 94806 Hosted by Supervisor John Gioia Thursday, October 28, 2021 @ 7:00 PM County Board chambers, 1025 Escobar Street, Martinez 94553 zoom only Hosted by Supervisor Federal Glover 34 RECOMMENDATION(S): ADOPT a resolution declaring November as Homelessness Awareness month in Contra Costa County. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: Hunger and Homelessness Awareness Week, sponsored by the National Coalition for the Homeless, is November 13-21, 2021. This dedicated week offers the opportunity to call attention to the problems of hunger and homelessness across the nation. Throughout the month of November, the Council on Homelessness will join the national effort to highlight the various housing and homelessness issues in our community and showcase the myriad of efforts within the homeless Continuum of Care that is making a real impact on reducing homelessness. In Contra Costa, we are marking this month in a number of ways including; a Homelessness Awareness Toolkit (https://cchealth.org/h3/coc/pdf/Homeless-Awarenes-Toolkit.pdf) to support community engagement on the issue of homelessness through education, advocacy, and service; a short video amplifying the voices of people with lived experience of homelessness ( APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Candace Andersen, District II Supervisor Contact: Christy Saxton, 925-608-6700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 2 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 9, 2021 Contra Costa County Subject:Homelessness Awareness Month BACKGROUND: (CONT'D) https://spark.adobe.com/video/g8uFATP1cNCaI ), a CoC Learning Hub featuring members of our community who have experienced homelessness (information on page 18 of the Toolkit) and recognition of over 50 people, projects and businesses who have made an impact on the lives of people facing homelessness in four categories: Thriving in the Face of Homelessness, Innovation, Outstanding Volunteer, Outstanding Landlord (https://cchealth.org/h3/coc/awards.php). CLERK'S ADDENDUM Speakers: Cora Mitchell, Antoine; Marianna; Aliya, Addie. ATTACHMENTS Resolution 2021/366 Innovation Nominee Roster Landloard Award Roster Outstanding Volunteer Roster Thriving in the Face of Homelessness Roster In the matter of:Resolution No. 2021/366 Declaring November as Homelessness Awareness month in Contra Costa County. WHEREAS, the month of November is recognized as Homelessness Awareness Month in the United States; and WHEREAS, the purpose of the proclamation is to educate the public and advocate with and on behalf of people experiencing homelessness about the many reasons people are homeless, including the shortage of affordable housing in Contra Costa County; and to encourage support for homeless assistance service providers as well as community service opportunities for students and school service organizations; and WHEREAS, there are over twenty organizations in Contra Costa committed to sheltering, providing supportive services, and/or basic resources to people experiencing homelessness; and WHEREAS, Contra Costa County recognizes that homelessness continues to be a serious problem for many individuals and families in Contra Costa; and WHEREAS, 9,767 individuals accessed homeless services in Contra Costa in 2020; and WHEREAS there was a 9% increase in households served between 2018 and 2020; and WHEREAS, there was a 42% increase in the number of days homeless from 546 days to 776 days between 2018 and 2020; and WHEREAS, 14% of the households in the CoC were families with children; and WHEREAS, 37% of the individuals were Black/African American; 4x the percent in the county population; and WHEREAS, 7% of the individuals were American Indian/Alaskan Native; 7x the percent in the county population; and WHEREAS there was a 50% increase in people aged 62+ between 2018 and 2020; and WHEREAS, over half (53%) of households across all CoC programs reported having a disabling condition; and WHEREAS, one quarter of people in crisis response programs have experienced domestic violence; and WHEREAS, 2,538 households exited to or maintained permanent housing during 2020; and WHEREAS, the coroner reported 100 people from the homeless community who passed away during calendar year 2020, a 49% increase from 2019 and an 82% since 2018; and WHEREAS, In Contra Costa, Renters in Contra Costa County need to earn $37.54 per hour - 2.5 times the City of Richmond minimum wage - to afford the average monthly asking rent of $1,952; and WHEREAS, 27,709 low-income renter households in Contra Costa County do not have access to an affordable home; and Contra Costa County Homeless Continuum of Care 2018 Annual Report, p.5, https://cchealth.org/h3/coc/pdf/Annual-Report-2020.pdf 1. Ibid, p. 5 2. Ibid, p. 7 3. Ibid, p. 6 4. Ibid, p. 6 5. Ibid, p. 6 6. Ibid, p. 6 7. Ibid, p. 7 8. Ibid, p. 60 9. Ibid, p. 63 10. Ibid, p. 7 11. Contra Costa 2021 Affordable Housing Needs Report, https://1p08d91kd0c03rlxhmhtydpr-wpengine.netdna-ssl.com/wp-content/uploads/2021/05/Contra-Costa_Housing_Report.pdf 12. Ibid 13. NOW THEREFORE BE IT RESOLVED that Contra Costa County hereby proclaims November as Homelessness Awareness Month. BE IT FURTHER RESOLVED that Contra Costa County encourages all residents to recognize that thousands of people in Contra Costa do not have housing and need support from government, citizens and private/public nonprofit service entities to address the myriad challenges of homelessness. ___________________ DIANE BURGIS Chair, District III Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator By: ____________________________________, Deputy Contra Costa Council on Homelessness Homelessness Awareness Month 2021 Awards for Innovation The Innovation Award is to recognize individuals and/or organizations that have enriched the lives of people facing homelessness in Contra Costa County using an innovative initiative/project/program. The innovative initiative/ project/program must be new to Contra Costa County within the past two years. The initiative/project/program may have been successful elsewhere and has been modified to work in Contra Costa County, or an original program that is successful in assisting those facing homelessness. The Nominee must be an individual or organization helping Contra Costa County residents and the initiative/project/program must be new to Contra Costa County within the past two years. Awardees 1. Continued Success Program, Winter Nights Family Shelter, Inc. (District: Entire County) 2. Holistic Intervention Partnership (HIP) Program (District: Entire County) 3. Homeless Action Coalition (District 5) 4. S.H.A.R.E. Community (District 5) 5. SoS Richmond! Streets Team (District 1) The following pages contain descriptions of awardees provided by the person (s) who nominated them. Continued Success Program, Winter Nights Family Shelter, Inc. Contact: Bill Shaw Nominated by: Jo Kerner Supervisorial District: They serve the entire county. Description of the innovative initiative/project/program: Winter Nights has operated a family shelter in Contra Costa County since 2004. Now in our 18th season, over 380 families with minor children have been served and the program has expanded to include a Safe Parking program for families and individuals living in their cars. In early 2020 we planned a pilot program to stay in touch with families from prior years, after they were housed. We called it Continued Success and originally budgeted $450 for simple outreach. The Covid-19 pandemic changed all of this. Keeping former clients housed became a major priority. At Winter Nights, our clients and alumni live near or below the poverty line and these folks have been hit hard. They are often one paycheck away from returning to homelessness, pandemic or not. We expanded our effort from simple follow-up to a formal program to contact alumni, asses their vulnerabilities, provide referrals, and if needed provide financial support for rent, car repair, or other expenses that threatened their ability to stay in their home. This program seeks to prevent that from happening. Since July 1, 2020, we have contacted 40 alumni families and have helped 9 of them with specific needs (23%). Description of how the innovative initiative/project/program impacts the lives of people experiencing homelessness: We have spent $5450 in direct payments for rent, keeping two families from losing their apartments, and $400 in Target and Gasoline gift cards to others. $5850 in total. We have also helped families receive needed furnishings for their apartments, clothing for newborns and growing children, and access to food and baby supplies through agencies we work with. Here is the story of one family, as told in our Good News letter: September 2020 While reaching out to stay in touch, a wife and mother of two told program manager, Teri Lundvall, that when she didn’t feel well, she went to get tested for Covid-19. (False alarm- it was negative. Yay!) While she waited for results, her employer took her off the work schedule completely, and did not reinstate her. At the same time, her husband’s work hours, at the same firm, were reduced to one day a week. What a terrible situation for a family of four. We are glad to report that both parents have since found new jobs and are fully employed. But, while she was sheltered, waiting for her test results, and he was working one day a week and then both were looking for new jobs, the rent was due, and then overdue. Their landlord served them the California “3-day Notice to Pay Rent or Quit”, the first step in the eviction process. Well, that is what Continued Success is for: to help keep alumni families housed, rather than repeat the cycle of homelessness. After verifying the eviction notice, our Continued Success team went to work, and so did they. Mom and Dad contacted all the resources we suggested but were repeatedly told that the agency was out of funding. So, Winter Nights’ Continued Success offered to pay their back rent, and the current month’s rent too, giving them breathing room they needed. They are so very, very grateful. When Mom came to pick up the rent check, with one of her sons, there were tears all around. Description of what makes initiative/project/program innovative: Prior to the American Rescue Plan in 2020 and the Emergency Rental Assistance Program (ERAP), a small non-profit like Winter Nights was able to assess the vulnerability of it's former clients and offer assistance just by starting with a small fund for follow-up support. The regular email outreach is designed to acknowledge the difficulties of staying housed these days and provide a source for guidance that is known and trusted by those who receive the monthly outreach emails. The name of the program, Continued Success, honors the achievements of formerly homeless families. A note from a Continued Success father of four, after a visit from Winter Nights staff. “Hi Bill, Teri and Kathleen, Thank you so, so, so much for loving on us. I got so emotional, at work, when my wife sent me the pic of y’all at our place Hugs and kisses to you guys. You took us in when family kicked us out. Till this day they haven’t visited us, yet y’all have come to see us. My heart overflows with thanksgiving to God for you all. God bless each of you!!!” Holistic Intervention Partnership program (HIP) Contact: Bertha Lopez, Hume Center Nominated by: Chris Celio, PsyD Supervisorial District: They serve the entire county. Description of the innovative initiative/project/program: The Holistic Intervention Partnership program (HIP) is a collaboration between Contra Costa County Health, Housing, and Homeless Services (H3) and the Contra Costa County Public Defender's Office. H3 and the Public Defender's Office have brought together an impactful team of agencies in this project, including The Hume Center, Bay Area Legal Aid, Contra Costa County Office of Re-entry and Justice, Cal State University Long Beach, Rubicon, and Uptrust. The HIP program serves Contra Costa County, justice-impacted residents and their families with housing support services and resources in Contra Costa County. The aim of the project is to help these residents successfully resolve their justice- related issues while attaining or maintaining housing for them and their household. The project includes legal advocacy, housing support, rapid resolution, community linkage, mediation, employment support and training, and appointment and court date reminders and linkage. Amazingly, the partners were able to put the distractions of the early pandemic aside and start up the project collaboratively. The project started July 1, 2020 for its first year and has been renewed for a second year! This project is a vast one, with different goals and activities for each of the partners. I am nominating the entire HIP project and all of the partners. In this application though, I can only speak to Hume's impact and I hope that other partners, if this project is considered, can add in their impact statements. For Hume Center, we were contracted to work with 65 clients a year. So far, we have worked with 80 clients to assist with their housing. Our work with each client has varied, but we are most excited about having helped one-third of those households achieve permanent housing! Description of how the innovative initiative/project/program impacts the lives of people experiencing homelessness: This project has had a vast impact and has had four main stakeholder groups: justice involved individuals, their families, the justice system, and the Continuum of Care. Justice-Involved Individuals: When you're facing the weight of the justice system, it can be an overwhelming and heavy lift to get through it. Small issues can easily snowball into large and dreadful issues for many reasons, including: not knowing how to navigate the justice system; missing court dates due to lack of housing, transportation, reminders, etc; not having the resources to assemble an advocacy and support team; not having stable housing from which to be able to prepare, attend, and resolve legal issues; not being able to afford missing work to attend to the preparation or court dates successfully; not knowing what resources are available to help you or how to access them; and having co-occurring stressors, employment, mental health, substance use, housing, or other difficulties that make it impossible to complete your court or other legal requirements successfully so that you can move beyond this justice issue. It can feel like the legal system is not just a snowball that builds slowly over time, but that it is already a boulder perched on a cliff that is ready to fall down toward you at the slightest touch. This population is the main stakeholder of this project. The second stakeholder group of this project is the family and other household members of the justice-involved person. They are often negatively impacted greatly by their loved one's participation in the justice system. With HIP's support to resolve the justice system issue and to equip the household with appropriate and sustainable housing and employment, the whole household benefits! Not only is the household's entry into homeless prevented, but the stigma of being justice-involved is resolved and the dignity of appropriate housing and employment can lead to great improvements in their mental health and functioning. The third stakeholder group of this project is the justice system itself. Persons who do no resolve legal matters are kept within the legal system, with additional court appointments, public defender assignments, and other resources while they remain in the justice system. Efficiently resolving their legal issue through a concerted effort to help through the arduous process results in benefits for the entire legal system. As this project helps its clients resolve their issues, the limited resources of the justice system are freed up to assist others to achieve swift and supported resolutions of their case. And lastly, the limited resources of the entire Continuum of Care benefit from a successful project such as this one. With these individuals connected to a full suite of resources and supported to resolve their legal, housing, and employment issues, that leaves other resources available to support the others who are experiencing housing disruption, eviction, or homelessness. Description of what makes initiative/project/program innovative: What makes this project unique and impactful is the collaboration between all of the partners and the easy and seamless manner in which clients gain access to the full suite of services and agencies. People and their families who are justice-involved are, in general, multi-stressed. The justice system can be arduous to navigate, especially when many other life stressers are being experience concurrently and the person and their family are trying to maintain their income and household at the same time. This project takes existing services and brings them together for easy access and a more impactful and lasting outcome. The partnership is summarize below: H3 and Hume Center work together to evaluate the housing needs and which strategies to use to help the person leave homelessness, maintain housing, or attain more healthy or sustainable housing. H3's interventions include linking them to HDAP and General Assistance, CORE Homeless Outreach, a homeless shelter, or entry into the Coordinated Entry System. When appropriate, they refer the person to Hume Center’s Rapid Resolution Program to prevent homelessness. Hume provides short-term case management, advocacy, housing support services, mediation, rapid resolution, and linkages throughout the Continuum of Care. They assist individuals with Whole Person Care and wrap-around-services, including behavioral health. Bay Area Legal Aid provides legal services and advocacy outside of what is needed in their criminal case, including advocacy related to areas like child support, divorces/separations, financial issues, landlord/tenant issues, evictions, and restraining orders. Rubicon provides employment coaching, training, and linkage to support the person sustain their gains made in the program and open more housing opportunities to them. CCC Office of Re-Entry and Justice provides the legal services that have to do with their legal case that need additional services outside of what the Public Defenders’ Office provides, e.g. helping them get their driver's license back CSU Long Beach is the research partner and the glue that pieces together and facilitate interagency and stakeholder communication. Uptrust is creating an app that will link the clients of the program with their provider team and be a centralized place for court date, appointment, and documentation information and reminders. It’s obvious why this program has been so impactful. With so many talented agencies all working together for these individuals and their families, successful navigation of the legal system and positive and sustainable housing outcomes are easily enabled. Compare that to the ineffective status quo, where justice-involved individuals have to find and navigate complex and unknown community resources all while going through a very stressful experience, and the positive impacts of the HIP program are no surprise at all. Hume Center would like to appreciate H3 and the Public Defender's Office for convening this group of agencies and doing the hard work to stand up a collaborative project with so many pieces. it was a big lift but the reward for the residents of Contra Costa have been numerous! Thank you H3 for always being a great partner and driver of innovation. Homeless Action Coalition Contact: Noralea Gipner Nominated by: Deborah White Supervisorial District: District 5 (Hercules, Martinez, Pittsburg, portions of Pinole and Antioch, and unincorporated communities of Alhambra Valley, Bay Point, Briones, Rodeo, Pacheco, Crockett, Tormey, Port Costa, Mt. View, Vine Hill, Reliez Valley, and Clyde) Description of the innovative initiative/project/program: The Homeless Action Coalition (HAC) is a new nonprofit organization led by former Martinez City Councilmember Noralea Gipner. It is a coalition of community and faith leaders who have joined together to address the needs of the unhoused residents of Martinez residents. With more than 150 unhoused residents living in encampments, embankments and parking lots, Martinez has one of the highest per capita homelessness rates in Contra Costa County. With such great need, Martinez leaders were compelled to act. Over the past year, community groups and the Martinez Homelessness Task Force have partnered to address urgent needs, most recently operating a weekly homeless service center at the Martinez Waterfront Park. There, the Bay Church and other faith partners offered showers, laundry service and toiletries. The Martinez Police Department and Contra Costa C.O.R.E. connected people to shelters and other public resources, while Contra Costa Health Services provided a free mobile clinic. Community volunteers offered haircuts and organized a clothing exchange program. Prior to COVID-19, 30-40 individuals participated in these services every week. Moving forward, the Homeless Action Coalition will serve as a hub for these resources, coordinating strategy and funding within Martinez and its adjacent communities. Description of how the innovative initiative/project/program impacts the lives of people experiencing homelessness: The Homeless Action Coalition provides multiple needed services for unhoused individuals in Martinez, including temporary housing, clothing, showers, restroom facilities and medical care. Their actions have assisted fully 75% of Martinez's unhoused individuals. Of particular importance, The HAC was able to move quickly to find, renovate, and move people into a safe shelter for individuals during the COVID pandemic. Individuals there were regularly tested and could quarantine safely, preventing the spread of COVID in Martinez and beyond. Description of what makes initiative/project/program innovative: The Homeless Action Coalition is a grassroots organization that was born out of one city official's frustration with a system that made it difficult for people to work together to confront an obvious concern. Starting with faith organizations who were motivated to assist but had no venue to pool resources and then using her knowledge of the system to enlist the assistance of police and medical services to expand the work. It has grown quickly and was in a position to begin collecting donations and further expanding services immediately upon becoming a 501c (3) organization. One of the other important facets of HAC is its dedication to self - governance by the individuals served, encouraging "self confidence, sense of community, and security. " I couldn't decide whether to nominate Noralea Gipner as an individual or Homeless Action Coalition as an organization. Both are very deserving of the award. They have done more to assist the unhoused population of Martinez in two years than has been done in a decade. S.H.A.R.E. Community Contact: Ricka Davis-Sheard Nominated by: Patrice Guillory Supervisorial District: District 5 (Hercules, Martinez, Pittsburg, portions of Pinole and Antioch, and unincorporated communities of Alhambra Valley, Bay Point, Briones, Rodeo, Pacheco, Crockett, Tormey, Port Costa, Mt. View, Vine Hill, Reliez Valley, and Clyde) Description of the innovative initiative/project/program: As of September 29, 2021, it has been a year since S.H.A.R.E. started providing consistent mobile showers in a state of the art, constantly fully-sanitized trailer. The trailer is ADA compliant and can provide up to 25 hot showers per session. S.H.A.R.E. provides clean clothing and hygiene packages including: soap, razors, toothbrush, toothpaste, lotion, shampoo, conditioner, feminine products, hair brushes and other toiletries. S.H.A.R.E. also connects guests to other on-site personal grooming services, gives new/gently used clothing according to the weather, provides device charging stations, and free meals. S.H.A.R.E. has provided just under 1,000 showers so far! Guests have many positive things to say about having consistent place to shower. "You know, ever since I've been coming to shower here, I feel like a person again. I didn't feel like that before. Thank you." "When I shower here, I feel loved AND clean. I feel a part of society again -- I'm ready to take on the day!" Description of how the innovative initiative/project/program impacts the lives of people experiencing homelessness: S.H.A.R.E. understands showers and access to hygiene will not alone solve the homeless crisis. However, given a chance to restore dignity, many of the guests have managed to acquire jobs, build self-confidence, combat depression, and actively participate n quelling the spread of COVID-19. Nearly 40% of the guests report they believe access to this facility helps them stay healthy. By leveraging support from organizations and small businesses such as White Pony Express, local Barbers and Hair Salons, HealthRIGHT 360, Golden Hill's Community Outreach Center, Shelter, Inc., Lava Maex, Contra Costa Health Services' CORE Team, and Supportive Services for Veterans, S.H.A.R.E. helps facilitate access to opportunities that come with being clean and helps guests reach optimal levels of success, individually and communally. Description of what makes initiative/project/program innovative: S.H.A.R.E. is the ONLY consistent, full-service, fully ADA compliant mobile shower program in East Contra Costa County. S.H.A.R.E. envisions our work as the springboard for unhoused people to build confidence, reinforce their human worth, and secure stable housing. S.H.A.R.E. understands this cannot be achieved overnight, however, through consistency and unfettered support. We know our work changes lives and communities! SOS! Richmond Streets Team Contact: Daniel Barth Nominated by: Gayle McLaughlin Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Description of the innovative initiative/project/program: Richmond has an innovative organization called SOS! Richmond. SOS stands for Safe Organized Spaces. Safe Organized Spaces Richmond has been operational as an essential resource for the city since 2019. It receives universal praise for its as it addresses essential needs among the unhoused that are otherwise unmet. SOS! Richmond is the only organization in Richmond whose mission is centered on workforce development for unhoused individuals who otherwise have the least access to mainstream opportunities. It is the SOS! Streets Team program that I am nominating for this "Innovation" award. The Streets Team is a unique model that builds and maintains relationships with encampment residents through rooting there work in cultural competencies that can only be provided by peers who have trusted relationships with unsheltered populations. In other words, unhoused people trust other unhoused people, SOS trains and hires Streets Team members from among the unhoused and provides them with responsibilities to do outreach, engagement and stewardship to address street and encampment hotspots and needed services, as well as to help resolve neighborhood complaints. Among their many activities, they remove tons of trash and illegal dumping throughout Richmond on a weekly basis. What started as a staff of 4 diverse Streets Team members in December of 2019 has grown to a staff of 23 as of July of 2021. With new funding provided by the City of Richmond through one of our Reimagining Public Safety initiatives, the SOS! Streets Team will be able to expand to at least 60 and potentially to 100 members very soon (all to be hired from among the unhoused community in Richmond). SOS! Richmond's Street Team provides hands-on help day in and day out to members of our unhoused community. They improve encampment and neighborhood living conditions through direct service, engagement, advocacy, and collaborations. The impact of their efforts are enormous and they are setting Richmond on course to be an example of a city that cares about its unhoused, steering them into opportunities to lead better and more productive lives and eventually into stable housing. Description of how the innovative initiative/project/program impacts the lives of people experiencing homelessness: Our challenges in the midst of this extreme housing crisis era are enormous. It is essential that we address the very real problems that people are facing at the root causes. That means we need to address the needs of unhoused residents and not just push them around from one site to another with no real support as to helping people get a leg up in their lives. Helping people lead dignified lives, as they cope in such difficult situations, takes a certain type of attitude and support. It takes compassion, understanding, patience and a willingness to provide whatever support is needed. Only with such attitudes and real support can a course be carved out toward better quality of life that leads to stable, sustainable and permanent housing. The Streets Team program provides such support. The difference in people's lives that the SOS! Streets Team had made is enormous - helping support both unhoused residents and neighbors throughout the city that are impacted. Unsheltered people are employed on the Streets Teams to respond to neighborhood problems such as illegal dumping. Streets Team staff serve as land stewards and role models, and engage in continuous community engagement with encampment residents. This work benefits both the community and the workers. Here is a quote from one of the Streets Team members; "I help run the showers, and work on the streets team on Friday. This is my first actual job with a regular paycheck. I like the people I work with, and it’s great having a job. I make $15.50 an hour. " - Sasha Allen, encampment resident and SOS employee SOS operates a mobile shower trailer, staffed by unsheltered people, which brings hygiene and other necessities to people at various locations across West County on a rotating basis. Below is a quote from another SOS Streets Team member: "I love helping people get showers. Some people told me they haven't had a shower in 8 months. One man told me he wasn't sure he could walk as far as the shower trailer, so I pushed him there in his wheelchair.” - Buddy Bennett, encampment resident and SOS employee SOS! Richmond also provides and maintains low-cost portable hand-washing stations at encampment locations, filling an immediate and high priority request from residents. SOS partners with public and private entities to provide portable toilets, trash removal, and other essential sanitation services. Below is a quote from an encampment resident who receives benefit from having such water, sanitation and hygiene available for her and her husband, both seniors struggling with homelessness. “We sleep in our truck in the front seat. We’re both on social security. We don’t make enough money to consider buying or renting anything. We just want someplace where we can cook, have running water and use the restroom.” - Amilee Smith, encampment resident Description of what makes initiative/project/program innovative: Daniel Barth is the Director of SOS! Richmond. He has 35 years of experience working with homeless populations. He directs the development and operation of the Streets Team for daytime encampment and neighborhood engagement and provision of basic amenities, and for nighttime neighborhood responses related to public safety and quali6ty of life issues. Thanks to Daniel's leadership and that of others associated with SOS! Richmond, unhoused people are employed in the Streets Team with zero incomes, with the majority of the staff reporting that this is the first job they have held in decades, sometimes the first in their lives. We are so lucky to have this exciting model of transforming people's lives alive and well in Richmond! To learn more, see this link: https://docs.google.com/document/d/1D6sIlrYkMt9EJ_qiiV3OlrIJugP4NhxBHEWtr mQP88U/edit?usp=sharing Contra Costa Council on Homelessness Homelessness Awareness Month 2021 Awards for Outstanding Landlord/Property Manager The Outstanding Landlord/Property Manager Award is to recognize landlords or property management companies that have enriched the lives of people facing homelessness in Contra Costa County by providing permanent housing opportunities. Outstanding efforts can be demonstrated in a number of ways including length of time involved in housing people affected by homelessness, number of units rented to individuals and/or families facing homelessness, quality of units rented, etc. Landlord or property management company must rent units in Contra Costa County to individuals and/or families facing homelessness. Awardees 1. Agueda Gomez, St. Paul’s Commons (District 2) 2. Deanna Vallejo (District 4) 3. Delta Pines (District 3) 4. Eric Sadati (District 3) 5. Glo’s Independent Living and Transitional Housing (District 1) 6. Margarita Duarte, The Oaks (District 3) 7. Rick Johnson, Cemel Industries, LLC (District 4) 8. Roberto, LLC (District: Entire County) 9. Satellite Affordable Housing Associates (SAHA) (District: Entire County) The following pages contain descriptions of awardees provided by the person (s) who nominated them. Agueda Gomez, St. Paul’s Commons Apartments Contact: St. Paul’s Commons Apartments Nominated by: Amanda Hopkins Supervisorial District: District 2 ( San Ramon, Danville, Alamo, Lafayette, Moraga, Orinda, Canyon, Rossmoor, Parkmead, Saranap and a portion of Walnut Creek)) Description of nominee’s outstanding contribution to ending homelessness: See below Difference that the Nominee’s service makes to individuals facing homelessness: I’d like to nominate Agueda Gomez, Property Manager of St. Paul’s Commons for being a stabilizing force in her formerly homeless resident’s lives. Her management style is consistent, firm, compassionate and understanding and she goes above and beyond to lend a hand & ensure resident's needs are met. She’s been known to call out misconduct and address issues head-on, she’s connected single parents on site with neighbors for after school support when she noticed they were struggling, she always makes herself available to her resident, and has even personally provided housekeeping help a time or two when residents were unable to keep up on their own. She has such a positive impact on the people's lives she touches. I can’t think of anyone more deserving! Deanna Vallejo Contact: Deanna Vallejo Nominated by: Toni Jackson Supervisorial District: District 4 (Clayton, Concord, Pleasant Hill, part of Walnut Creek, and the unincorporated Contra Costa Centre) Description of nominee’s outstanding contribution to ending homelessness: Deanna Vallejo is the landlord/ she is awesome! She has made a difference in two of my clients lives who are now housed in Concord. Difference that the Nominee’s service makes to individuals facing homelessness: Deanna Vallejo who met with the Case Manager on the 7th of September, she gave my client Tina E. a chance to go from being homeless to having a one bedroom apartment in two days after meeting her! I truly believe we have angels on earth and Mrs. Vallejo is one of them. I just would like to say as a Case Manager she made me feel very comfortable and confident that people can have second chance. Delta Pines Contact: Delta Pines Nominated by: Julie Clemens Supervisorial District: District 3 (Bethel Island, Blackhawk, Byron, Diablo, Discovery Bay and Knightsen, as well as the cities of Antioch, Brentwood, and Oakley) Description of nominee’s outstanding contribution to ending homelessness: The management of Delta Pines Apartments in Antioch welcomes the participants of SHELTER, Inc. with open arms on their road to self-sufficiency. The manager, Taniesha Bowman, was once herself a participant in SHELTER, Inc. programs, and she 'pays forward' the benefits she received by encouraging others and welcoming them to Delta Pines. Difference that the Nominee’s service makes to individuals facing homelessness: Low income housing units are difficult to find, and often do not encourage pride by the residents. Ms. Bowman helps to build up the household's confidence in their ability to move forward positively. Eric Sadati Contact: Eric Sadati Nominated by: Chelsey Villaro Supervisorial District: District 3 (Bethel Island, Blackhawk, Byron, Diablo, Discovery Bay and Knightsen, as well as the cities of Antioch, Brentwood, and Oakley) Description of nominee’s outstanding contribution to ending homelessness: Eric has helped many of my clients be housed. He is not biased towards them or their situation and is very understanding. He has stepped up to offer units to clients who have a voucher that will be expired, even as soon as the next day of me reaching out to him. I have almost 10 clients housed because of him and his referrals to his friends with units available for our clients. Difference that the Nominee’s service makes to individuals facing homelessness: Eric is very responsive to our clients that are now his tenants. He is quick to house clients. All clients have been positively affected by Eric's kindness, especially clients who have difficult finding housing due to credit, income, etc. Case managers and clients value the work Eric has done for our clients. Glo's Independent Living and Transitional Living Contact: Tiffany Powell Nominated by: Rachelle Wormely Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Description of nominee’s outstanding contribution to ending homelessness: Tiffany Powell has let me move into one of her properties. I am now the House Manager for all her properties. Tiffany has taken the time to teach and show me how to be an excellent house manager to all her residents. Showing them love and helping them in areas. I would never known. Difference that the Nominee’s service makes to individuals facing homelessness: First her love for God. The love and time she devotes to them is unbelievable. Tiffany is love. I believe the love she has received from her Mother Gloria ( God Bless her soul) has shown her how to love in a Godly way. To be able to not judge any of residents and look beyond their past is amazing. Always there for support in what ever their endeavors are. She is a godsend. Glo's Independent Living and Transitional Living Contact: Tiffany Powell Nominated by: Larry Wilson Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Description of nominee’s outstanding contribution to ending homelessness: Tiffany Powell with Glo's Independent Living LLC stands high above all of the affordable landlords in the county. I've been working with her for quite a while and she's the real thing. She has a heart for the those living in her properties and is always striving to improve the quality of their lives. Her properties are well maintained and the residents help to keep them clean and free of clutter. How many landlords take their residents out to dinner and offer other social activities??? This lady does! Difference that the Nominee’s service makes to individuals facing homelessness: Tiffany offers room shares and room rentals that those on low incomes can afford. A formerly homeless client of that I referred is now the manager overseeing the different sites for Tiffany. Her properties provide 2 meals each day. The offer credit counseling, personal life coaching and community building skills and connecting to support groups. Glo's Independent Living and Transitional Living Contact: Tiffany Powell Nominated by: Fayron Thomas Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Description of nominee’s outstanding contribution to ending homelessness: She checks in with me and ask me to help her with cleaning other properties. Difference that the Nominee’s service makes to individuals facing homelessness: She's caring person loves to see people move forward and helps them out from walking down the wrong path. Margarita Duarte, The Oaks Contact: Margarita Duarte Nominated by: Alex Alexander Supervisorial District: District 3 (Bethel Island, Blackhawk, Byron, Diablo, Discovery Bay and Knightsen, as well as the cities of Antioch, Brentwood, and Oakley) Description of nominee’s outstanding contribution to ending homelessness: The Oaks, from Oakley, has worked with Shelter Inc's SSVF Program for a number of years helping housed veterans and their families who were in need of housing. This complex has gone to a number of management changes but it still did not matter who the new management team were, they still worked with case management from Shelter Inc's SSVF program to help house veterans and their families. I would like to recognize this complex for their support to help end homelessness to veterans and their families. Difference that the Nominee’s service makes to individuals facing homelessness: That they had available units, the rent is affordable and they have worked with SSVF to provide a comfortable home for the veterans. The tenant values the work of the nominee. because they came through when it was needed. I appreciate the partnership that have been established and I look forward to a continued working relationship with the Oaks. Rick Johnson, Cemel Industries, LLC Contact: Rick Johnson Nominated by: Kristine Nishi Supervisorial District: District 4 (Clayton, Concord, Pleasant Hill, part of Walnut Creek, and the unincorporated Contra Costa Centre) Description of nominee’s outstanding contribution to ending homelessness: Property manager/owner, Mr. Rick Johnson, has been working with the HUD- VASH team at Martinez VA for about 10 years (as far as I remember). He/Cemel Industries LLC has multiple properties in Martinez and Concord areas, mainly located in Martinez. Mr. Johnson has rented to many of our homeless Veterans/families that we were trying to help house with a HUD-VASH voucher. Mr. Johnson at least has put over 20 Vets in his properties without checking their credits as he understands that most homeless Vets probably do not have good credits. He has many units located in the convenient areas in Martinez. Mr. Johnson ensures that all the units are up to health and safety codes. Difference that the Nominee’s service makes to individuals facing homelessness: As I mentioned above, Mr. Johnson is willing to work with the HUD-VASH team taking our homeless Vets without checking their credits. Our homeless Vets who are housed by Mr. Johnson have many health, substance use and mental health issues. Mr. Johnson is working with our team/case managers closely to stabilize and maintain their housing. He understands that if our Vets lose their housing, it would be very likely that they will become homeless again. Mr. Johnson has expressed in multiple occasions to me and other teammates that he does not want to see our housed Vets losing their housing and becoming homeless again. He has gone extra miles to work with VA/HUD-VASH and housing authority to keep our Vets in his rentals, including putting extra money and efforts for repairs, accepting and being patient with Vets' special needs (one of my Vets who has severe paranoid is verbally abusive to Mr. Johnson). Mr. Johnson has evolved over the years, and has become more and more empathetic to our homeless Vets. He even commented that it is probably because he is getting older. When our Vets did not pay their rent, his comment was, "Oh, well it's just money, right?" I took it as a kind act even though he was probably feeling the pain of not receiving the rent. Our Vets have many high needs who are housed with him, including active using, CPS involvement, serious health issues/dementia, and so on. He is working with our team closely to keep a roof over our Vets' heads. He continues to give our homeless Vets priority to be housed in his properties even though he has had many challenging Vets from our team. Rick Johnson, Cemel Industries, LLC Contact: Rick Johnson Nominated by: Hannah Frank Supervisorial District: District 5 (Hercules, Martinez, Pittsburg, portions of Pinole and Antioch, and unincorporated communities of Alhambra Valley, Bay Point, Briones, Rodeo, Pacheco, Crockett, Tormey, Port Costa, Mt. View, Vine Hill, Reliez Valley, and Clyde) Description of nominee’s outstanding contribution to ending homelessness: Rick Johnson is a landlord who has worked with our VA HUD-VASH program here in Contra Costa County for about a decade. Over the years, Rick has worked tirelessly with the VASH program to not only rent to homeless Veterans, but to keep his Veteran tenants housed. Rick is currently renting to approximately 20, formerly homeless Veterans now. Over the years, Rick has worked with dozens more. Difference that the Nominee’s service makes to individuals facing homelessness: Rick Johnson understands the complex barriers facing our Veterans and homeless populations in general. He is patient, flexible, and understands there may be more to a person seeking housing than what shows in their background. Rick is proactive and genuinely concerned for our Veterans, often reaching out to VA VASH staff if he worries for a Veteran's wellbeing. Some of our Veterans who have struggled the most with independent living due to complex, psychosocial stressors have maintained their rentals with Rick because of his extra care, support, and patience. Our VA HUD-VASH program and Veterans who have completed their journey out of homelessness with Rick's support are forever grateful. This nomination for Rick Johnson is from Hannah Frank, Kristine Nishi, James Cherry, Ryan Normandy, and Laura Rasmussen of the VA's HUD- VASH program. 13 Roberto LLC Contact: Roberto LLC Nominated by: Anthony Arasa Supervisorial District: They serve the entire county Description of nominee’s outstanding contribution to ending homelessness: Roberto LLC understands the Housing First model. "Lets get them in and provide support to assist in their stability and transition to affordable housing if they desire or they can stay here as long as they like", is what was shared in our first meet and greet with Roberto LLC's Site Manager George Roberto. Roberto LLC has been in Contra Costa for several years now providing clean, affordable and a beautiful shared living environment for those that desire a community of care. Difference that the Nominee’s service makes to individuals facing homelessness: Roberto LLC creates a space of housing in their own rooms; rent that's negotiable to help the individuals get stable and thrive in their environment. They understand the limited incomes and generously work with each individual to create a plan that sustainable for both themselves and their partners residing in their homes...What's great about Roberto LLC's properties are some of their homes have wheelchair ramps, grab bars in the bathrooms, enough space for the partners to move around in their walkers ,that's huge for the elderly or mobility impaired that need that additional support in their living environment. Just thankful for the staff and home managers that provide compassion and empathy for those residing in the Roberto LLC homes. 15 Satellite Affordable Housing Associates (SAHA) Contact: Satellite Affordable Housing Associates (SAHA) Nominated by: Debbie Toth Supervisorial District: They serve the entire county Description of nominee’s outstanding contribution to ending homelessness: Satellite Affordable Housing Associates (SAHA) has 4 projects in Contra Costa County with units set aside for chronically homeless seniors (12), families that meet Mental Health Services Act (MHSA) criteria (10), and voluntarily added a leasing preference to prioritize seniors experiencing homelessness at a HUD subsidized for 14 units. SAHA partners closely with Coordinated Entry System and Health Housing and Homeless to provide services and create new units. Veterans Square is under construction now and will be a 100% Permanent Supportive Housing for Veterans Assisted Supportive Housing and No Place Like Home populations. SAHA and Choice in Aging have worked together since 2017 at the senior affordable housing, Tabora Gardens, in Antioch. The quality of the units, community spaces, and property grounds are outstanding. There are community gardens where residents grow fresh produce, walking paths, computer labs, a lounge, and transportation services. In this project, SAHA built a community of residents from very diverse backgrounds and experiences in a way that honored all of them. When challenges arise, SAHA is right there to partner and solve complicated problems through understanding their residents and their unique needs. Difference that the Nominee’s service makes to individuals facing homelessness: SAHA is providing the highest quality of units, community amenities, and services because they believe that each resident deserves dignity, autonomy, and access to opportunities. They partner well and advocate with a clear voice. SAHA is positively impacting the lives of the residents who live at their buildings, and setting a standard for quality housing that everyone deserves. Over the last eight years, I have had the incredible fortune of getting to know some of our amazing Bay Area nonprofit housing developers through our 15 endeavor to create an Aging in Place Campus and through our work most recently doing mobile vaccine clinics for at risk populations. While all seem to be mission driven outstanding agencies, SAHA stood out to me for a variety of reasons. First and foremost, they had a staff person dedicated to understanding and creating opportunities to meet the needs of residents that go beyond housing. There was a fundamental knowledge that housing alone won't keep someone housed - particularly populations that are elder or have previously been without housing. So they set out to create support systems that ensured gaps were filled proactively such as transportation, care management, access to food and so much more. For this and a variety of other reasons, Choice in Aging chose to partner with them to change to future of aging in our state. Contra Costa Council on Homelessness Homelessness Awareness Month 2021 Awards for Outstanding Volunteer The Outstanding Volunteer Award is to recognize individuals or groups who have enriched the lives of people facing homelessness in Contra Costa County through volunteer efforts. Outstanding efforts can be demonstrated by length of involvement, by a strong concentration of service or impact of efforts. Nominees must volunteer in Contra Costa County and the volunteer activity must be without pay. Awardees 1. Ady Olvera (District 4) 2. Antwon Clorid (District 1) 3. Boys Team Charity (District 5) 4. Colin Jack Fliehmann (District 4) 5. Denise Mills (District 1) 6. Linda Mino and Tom Hall (District unknown) 7. Meredith Fleming of St. John Missionary Baptist Church (District 1) 8. Robert Gregory (District 3) 9. RR Ministries (District 3) 10. St. Matthew Lutheran Church, Walnut Creek (District 4) 11. Stan Fleury (District 1) 12. Vanessa Calloway (District 1) The following pages contain descriptions of awardees provided by the person (s) who nominated them. Ady Olvera Nominated by: Laura Nakamura Supervisorial District: District 4 (Clayton, Concord, Pleasant Hill, part of Walnut Creek, and the unincorporated Contra Costa Centre) Nominee’s outstanding volunteer service: Concord Communities Alliance would like to nominate one of our own for the "Outstanding Volunteer" award. Our nominee is a resident of Concord who has been actively raising awareness of the issue of homelessness in Contra Costa County, and very specifically in Concord. Her focus on this issue intensified immediately at the onset of the Covid 19 pandemic when shelters were shut down and fears that unsheltered communities would become super spreader death camps. She has been an outstanding volunteer leader in efforts to ease living conditions for homeless residents of Concord and Central Contra Costa. She has worked with tenacity, humility, and thoroughness to organize residents for specific policy proposals and direct their collective energy efficiently towards local government officials. She has very appropriately made a point of seeking the involvement of homeless residents themselves and ensuring that their knowledge and priorities are reflected in advocacy. The difference that the Nominee’s service makes to individuals facing homelessness: She has worked tirelessly to bring the community groups, faith-based organizations, and residents together to push for concrete, long term solutions for the benefit for the whole community. She has also been instrumental in raising the voices of those experiencing homelessness to ensure they are heard and validated during the process. Concord Communities Alliance values her tenacity. Through her leadership she has organized meetings, pod casts, live-streaming interviews with law enforcement and city leaders. She co- led efforts to organized community meetings and help CCA facilitate a stakeholder forum with over 50 attendees from city, county and community groups. She has acted as an encampment sweep observer to witness and document the treatment of the unhoused as they are uprooted. She has collaboratively led the CCA Housing and Homelessness Action Team and has involved several unhoused individuals in the conversations and recognizes that the voices of those most impacted must be elevated. Our nominee has been a constant presence in the effort to uplift the voices of low-income communities, unhoused communities, communities of color, and other underrepresented folks in Concord and beyond. She works to make spaces accessible for everyone and makes sure that people feel welcome and seen so they are comfortable sharing their stories and working towards community solutions. She is willing to meet the unsheltered where they are today. When she hears that someone is sick or hungry, she reaches out to all those she knows and responds generously. So while she is organizing to meet the long term needs of the unhoused, she is present to do what she can for their immediate needs. She has always ensured that we meet our unhoused neighbors where they are and as they are, find ways to hear from them directly in meetings, to truly help them meet their needs. With the full support and involvement of many members of Concord Communities Alliance, she has been doing some amazing and challenging work with raising awareness and bringing people together to elevate this issue. She is brave and persistent. We are proud to nominate Ady Olvera for the Outstanding Volunteer award. Antwon Clorid Nominated by: Mike Kinney Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Nominee’s outstanding volunteer service: Antwon Clorid is an advocate for the homeless, placement of individuals with drug or alcohol problem into successful recovery programs and the recruiting the unemployed in good paying union jobs in construction and warehousing in Richmond & Contra Costa County. The difference that the Nominee’s service makes to individuals facing homelessness: I have followed Antwon Clorid's volunteerism for a decade. I have personally witnessed him feeding the homeless, getting homeless people into shelters and being enrolled into successful drug and alcohol recovery programs here in Richmond, CA. I have witnessed because of both his passion & activism have truly changed homeless peoples lives and landscape. Antwon Clorid truly believes in empowering the less fortunate individuals in society. He believes that a person's conditions does not dictate their position in life. Antwon always says, " Everyone needs a second chance at first life." Boys Team Charity Contact: Raina Foster Nominated by: Julie Clemens Supervisorial District: District 5 (Hercules, Martinez, Pittsburg, portions of Pinole and Antioch, and unincorporated communities of Alhambra Valley, Bay Point, Briones, Rodeo, Pacheco, Crockett, Tormey, Port Costa, Mt. View, Vine Hill, Reliez Valley, and Clyde) Nominee’s outstanding volunteer service: Boys Team Charity has been volunteering for SHELTER, Inc. for just a few years. They always come with a desire to help, and have a supportive attitude about our participants. The pandemic didn't stop these generous teens and moms! Even with restricted access to our programs due to health precautions, the group continued to provide celebrations for the families at our Mt. View Family Shelter, and organized in-kind drives. The difference that the Nominee’s service makes to individuals facing homelessness: The children, and adults, at Mountain View Family Shelter were challenged during the pandemic to keep themselves entertained and engaged. Without the extra financial resources to invest in at-home entertainment, the special occasions set up for them by Boys Team Charity made a huge impact on helping these families feel connected to the world and gave them hope for a brighter future. Colin Jack Fliehmann Nominated by: Louise McGuire Supervisorial District: District 4 (Clayton, Concord, Pleasant Hill, part of Walnut Creek, and the unincorporated Contra Costa Centre) Nominee’s outstanding volunteer service: Colin Jack Fliehman visits unhoused people daily, brings them home-cooked meals, makes the community aware via Facebook of individuals and their needs. The difference that the Nominee’s service makes to individuals facing homelessness: I am sure that Jack's caring attention makes recipients feel loved. His byline is" LOVE, KNOWN AND NOT ALONE". I am sure that everyone who knows about Jack, cares about the unhoused and follows his posts values his work, because they value people. Jack invests a huge amount of time and money in getting up in the middle of the night, preparing meals and driving around delivering them and connecting with those he helps. Denise Mills Nominated by: Denise Mills Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Nominee’s outstanding volunteer service: This nominee volunteers with Contra Costa Juvenile Justice Coordinating Council, in order to assist youth coming from the Justice system. The council(JJCC) will advise the Board of Supervisors on the development and implementation of a multi-agency juvenile justice plan is composed of several critical parts, including, but not limited to an assessment of exiting law enforcement, probation, education, mental health, and health services, drug and alcohol and youth services resources which specifically target at risk juveniles, juvenile offenders, and their families, an identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from juvenile crime. The Council will also coordinate on a countywide basis the work of those governmental and non-governmental organizations engaged in activities designed to reduce the incidence of juvenile crime and delinquency in the greater community, develop information and intelligence-sharing systems to ensure that county actions are fully coordinated, and provide data and appropriate outcome measures. The difference that the Nominee’s service makes to individuals facing homelessness: Working with JJCC there are some youths that become homeless when they are released so we try to get them as much referrals as possible, they are led to reentry programs that assist with housing, employment, and education. Being someone who was homeless at one time in my life, the tarmac issues that come with homelessness can be quite overwhelming. I can relate. So I commit to helping the homeless, knowing how lost and afraid the journey can be. I had to figure out where the help was going to come from, now that I have those tools, I can be a great help to those that are homeless. by giving incite oh how to obtain housing and to stay permanently housed. This Nominee is a Team Player has encouraged both co-workers as well as the youth she works with. She has a GREAT compassion the work she does. Linda Mino and Tom Hall Nominated by: Suzanne Martin Supervisorial District: Unknown Nominee’s outstanding volunteer service: Linda and Tom have supported Hope Solutions for over 10 years. Together they have volunteered 158 hours with Hope Solutions The difference that the Nominee’s service makes to individuals facing homelessness: Linda and Tom are active as Volunteer Outreach and Services committee members. They also have provided different furnishings and housewares and supported Ruby Slippers and will continue to do so. Tom purchased and delivered food for Homework Club for many years. Linda helped set up Garden Park Apartment units for incoming residents, she provided many kitchen kits for incoming families. She volunteered during Summer Camps, which has been her favorite memory with Hope Solutions and has also helped with translation for families trying to find housing. Meredith Fleming at St. John Missionary Baptist Church Nominated by: Nicole Jones Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Nominee’s outstanding volunteer service: This lady is the true epitome of volunteerism. Meredith Fleming comes to our organization-Greater Richmond Interfaith Program (GRIP) every weekday to help in the kitchen or wherever she is needed. Her church group used to cook lunch every 3rd Thursday for our homeless consumers and the residents, but once the pandemic started, the group couldn't come due to the closure of our kitchen for outsiders. The group consisted of elderly women, so of course seniors were being told to stay home. The difference that the Nominee’s service makes to individuals facing homelessness: She comes and helps make sandwiches, put together lunches, chop vegetables, put together hygiene kits, helps sort and pass out the mail, mops floors, wipes tables and gives us a little kick in butt when we need it. She serves in the kindest way with a smile that makes anyone going through the food line return a smile even if they are having a bad day. She comes in every day with a smile and a story about her grand kids or her children. She is motivated and motivates others. She will have her say if something is out of order and will work to make it right. She is a problem solver and is full of life. Robert Gregory Nominated by: Irma Gregory Supervisorial District: District 3 (Bethel Island, Blackhawk, Byron, Diablo, Discovery Bay and Knightsen, as well as the cities of Antioch, Brentwood, and Oakley) Nominee’s outstanding volunteer service: The nominee is Robert Gregory. He has been volunteering since the first wave of COVID. He goes above and beyond to enrich the lives of people who are less fortunate than him. He dedicated his efforts to serve a community of homeless people in downtown Antioch (the area around the Amtrak station). Every Thursday and sometimes on the weekends (or when it is needed or asked for by the homeless people) he brings food, toiletries, clothes, and other necessities to take care of the people in this area. Being a part of a church, he not only tries to take care of the physical needs of the homeless people in Antioch, but also provide them with spiritual healing and hope. He demonstrates an exemplary commitment to serve the interests of homeless people by preparing nutritious food with the produce that he buys himself: meaty soups (the favorite among the “regulars”), pasta salads, baked potatoes with toppings, etc. He treats these people as his family. He worries that the food stays hot when needed or that these people have a variety in what they eat as they already struggle so much. When it gets hot, he brings light clothes bought at the Goodwill store in Brentwood, when it gets cold – he looks for jackets and sweaters for these people. To help them to cope with rain, he buys tarp covers for them. The difference that the Nominee’s service makes to individuals facing homelessness: Robert and people with whom he serves usually feed about 20 homeless people in downtown Antioch (and people in need who just come to the tables where he serves) on every Thursday. He makes sure that the people there have decent food. Sometimes when he runs out of food that he prepared and someone approaches him and says that s/he is hungry he goes to the store or the nearest fast food place to buy meals. Every time he is there he asks what is needed (Band- Aids, ointments, baby wipes, shampoos, etc.) and delivers it next Thursday. You might want to ask the “regulars” – John, Greg, Kim, Wendy, and many other homeless people about his outstanding efforts to keep these people fed and ready for the weather conditions, not to mention showing them that they are not alone in this struggle, that there are people who care about them. Many of the homeless people have dogs and cats as their companions – they treasure them more than a chance to have a free temporary housing – Robert takes care of them too by providing food and other things. These homeless people in the downtown Antioch value his work because he contributes to their physical and mental survival. He knows that nearly all of them are struggling with some kind of addiction: he accepts it and tries to find resources to help them. Drugs give these homeless people a way to escape the hush reality, Robert tries to make this reality better for them. He comes not to “solve all their problems”, but he comes to hear them and to help them. RR Ministries Contact: Sandro Trujillo Nominated by: Marjori Lizarraga Supervisorial District: District 3 (Bethel Island, Blackhawk, Byron, Diablo, Discovery Bay and Knightsen, as well as the cities of Antioch, Brentwood, and Oakley) Nominee’s outstanding volunteer service: RR Ministries have been distributing food , clothes and programs for free to the unhoused community and families in Antioch. Literally rain or shine ! Their work has made an impact in so many ppl . The difference that the Nominee’s service makes to individuals facing homelessness: Many of our unhoused community in the city of Antioch have been blessed and felt the love through organizations like RR Ministries. St. Matthew Lutheran Church, Walnut Creek Contact: Rustin Comer Nominated by: Leslie Gleason Supervisorial District: District 4 (Clayton, Concord, Pleasant Hill, part of Walnut Creek, and the unincorporated Contra Costa Centre) Nominee’s outstanding volunteer service: The Trinity Center Crew of St. Matthew Lutheran Church in Walnut Creek has devoted over six years to ensuring that persons experiencing homelessness or living in poverty enjoy a delicious, healthy lunchtime meal. Each week, the St. Matt’s volunteers have planned the lunch, bought groceries, prepared and served the meal, creating supportive relationships with our unhoused neighbors. Even when COVID curtailed their ability to be onsite, the Lunch Crew made arrangements to prepare the meal in their commercial kitchen and deliver it hot and ready-to-serve. Knowing that hunger doesn’t take a holiday, they have provided Safeway gift cards for members on the Friday before each legal holiday, and during the winter holidays, provide generous gift cards accompanied by notes and cards of warm wishes to brighten the lives of those served at Trinity Center. Over the six year history of Trinity Center’s winter Evening Program overnight shelter, St. Matthew volunteers have hosted shelter participants at their complex when the usual Armory location has been unavailable, welcoming them with meals, entertainment, and companionship. For their long- standing and meaningful support for individuals facing homelessness, we are proud to nominate The Trinity Center Crew of St. Matthew Church. The difference that the Nominee’s service makes to individuals facing homelessness: By providing for people’s basic needs in the form of hot, delicious, healthy meals, prepared and served with compassion, this group of nominees demonstrate that the community cares about unhoused and vulnerable people. Every member who has enjoyed their meals, chatted over lunch with a St. Matt’s volunteer, or enjoyed their holiday “shopping spree” compliments of the entire congregation knows what a difference their service makes. Knowing that we can count on St. Matthews volunteers in so many concrete ways is deeply valuable to the staff of Trinity Center, and they are always open to exploring new ways to help Trinity Center and our members enjoy a vibrant life and build a path forward. Stan Fleury Nominated by: Nicole Jones Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Nominee’s outstanding volunteer service: Stan Fleury is our "Volunteer Extraordinaire." He came to our organization-Greater Richmond Interfaith Program (GRIP) as an IT consultant helping us get our computer and phone systems updated--a much needed revamping. However, since then, he has been with us performing maintenance tasks, completing work orders so we didn't have to hire other contractors, painted shelter rooms, replaced doors, locks, shelving, set up camera's for our facility, helped find resources for free laptops, being a liaison and assistance with contracts and grants. This "Volunteer Extraordinaire" has jumped in performing all these services donating both his time and his personal money. The difference that the Nominee’s service makes to individuals facing homelessness: Because we are a non-profit homeless shelter for families with children, all the services he provides us for free enables us to use our current funding on our program services we provide to the community. We value his work, and his assistance with anything we ask of him. He has helped make changes to some of our program processes and procedures to enable us to better serve our homeless consumers. Stan Fleury is an all around good guy and he loves to give back to the community. We appreciate and thank him for all his hard work. Vanessa Calloway Nominated by: Michelle Milam Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Nominee’s outstanding volunteer service: Vanessa Calloway and her project "Way to Love" has been volunteering in the Richmond community assisting the unhoused population with hot meals, clothing, and basic needs. The difference that the Nominee’s service makes to individuals facing homelessness: Vanessa is a deeply caring and committed person to the needs of the unhoused community in Richmond, CA. She has utilized her own personal resources, resources from the faith community and other volunteers to serve people in Richmond with hot meals, resources, basic needs, clothing and other items. Richmond was hit hard by the pandemic, and aftermath like many cities. The city has a large population of unhseltered folks that need support. Vanessa can be counted on each weekend with her team to go out an see the need and fill it. What is also inspiring is that in a time when many have concerns she turns that concern into action, or as Vanessa calls it "Way to Love". Vanessa's inspiration and positivity is infectious. Our police officers have come off duty to help, as well as many community members. She has a special place in her heart for young people and has been able through her efforts to impact youth who fall through the cracks of the system. There are many people who volunteer, but not many people who treat everyone as if they are the family. That is what people will tell you about Vanessa - she makes us feel like family. You would be hard pressed to find a more resourceful example of love in action. Contra Costa Council on Homelessness Homelessness Awareness Month 2021 Awards for “Thriving in the Face of Homelessness” The “Thriving in the Face of Homelessness” award is to recognize individuals who have experienced the crisis of homelessness and a) supported other people experiencing homelessness and/or b) moved out of homelessness themselves. Awardees 1. A. D. (initials used to protect privacy) (District 1) 2. Carmella Kowall (District 2) 3. Charlie, Leslie, Tommy, Scott, Jon, Pam, and Kevin from Trinity Center (District 4) 4. Colin Jack Fliehmann (District 4) 5. D. G. (initials used to protect privacy) (District 1) 6. David Cohen (District 1) 7. Denise Mills (District 1) 8. Ileia Thomas (District 4) 9. J. G. (initials used to protect privacy) (District 1) 10. James Martin (District unknown) 11. Jo Bruno (District 5) 12. Kai Powell (District 1) 13. Loren Dalbert (District unknown) 14. M. C. (initials used to protect privacy) (District 1) 15. Patrick Davis (District unknown) 16. Quinton Walker ((District 4) 17. Raymond and Dolores Custodio (District 2) 18. Yesenia Pleitz (District 1) The following pages contain descriptions of each awardee as provided by the person (s) who nominated them. A. D. Nominated by: Larry Wilson Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Description of nominee’s personal accomplishments that reflect resilience and courage: This is one of those stories that has to told. My client, a mother of two, is employed as an IHSS making minimum wage. She has a history of homelessness going back several years. She was able to secure an apartment for her family in 2019. Hope Solutions assisted with her move in costs. A. was thankful for her new residence but the hoped for a safer area to raise her two little ones. In 2020, she was able to move to a really nice apartment complex. Her children are doing really well in school since they have become more stable. She's taking on more clients with her IHSS work and reunited with her husband, which is a plus. Speaking with her recently, she expressed such thankfulness for all the support and resources she received to better the life her family now has. Carmella Kowall Nominated by: Ann Lawrence Supervisorial District: District 2 ( San Ramon, Danville, Alamo, Lafayette, Moraga, Orinda, Canyon, Rossmoor, Parkmead, Saranap and a portion of Walnut Creek)) Description of nominee’s personal accomplishments that reflect resilience and courage: Carmella Kowall and her children, G. and J. Kowall were clients at Winter Nights in 2014/2015, from October through May. Carmella describes a divorce and absent father leading to serious financial stress. She worked full time but the bills still piled up and rent became impossible. They were ultimately evicted. With an eviction and unpaid rent on her record, no one would rent to her. For 2 ½ years she continued to work full time, parent her kids, while living in various motels that could cost her over $3,000 per month. In 2014, at a motel, Carmella met a father and his 2 young sons who were also homeless. He was interviewing with Winter Nights and left to join the program. After arriving, he called Carmella, leaving messages saying “You have to come here. This is just what you need”. She says it took her a few more days to finally agree to talk to Bill. It changed her life and the lives of her children. At the time J. was in 7th grade, G. was a sophomore in high school and Carmella was employed full time at Kinder’s. “I never saw it as a free ride. I thought of it as holding me up so that I could take care of my business. A stepping stone. It gave me time to do the things I needed to do to make our lives better. I still worked full time, and the money I saved on motel bills and food let me pay- off my bills, including all the back-rent. The kids focused on school. I focused on working and finding us a home. We were ready to start again.” - Carmella Since leaving Winter Nights in the spring of 2015 a lot has happened. A rental wasn’t immediately available because of the eviction on her record, so it was back to a motel for a bit. The owner of the motel got to know Carmella and the kids, and was really impressed with them and their story. When an apartment became available in a building he owned, he offered to rent to them regardless of the past eviction. They have been there ever since. Carmella moved on from her long-time job at Kinder’s in 2017 and joined Toyota Walnut Creek, where she was promoted to Concierge Manager in 2019 (the free pickup and delivery service for customers). She is working to grow the service in a time of COVID contact-free protocols. She now manages 400 customer trips a month. J.J. graduated from high school in 2020 and is employed full time at a local electrical supply company. Gloria graduated from high school in June 2017, and went on to California State University, Monterey Bay. She received multiple scholarships her senior year and also received one through CSUMB. In May 2021 she graduated Cum Laude with her B.S. in Biology, with a concentration in Evolution, Ecology and Organismal Biology in Science. For something entirely different, and 2700 miles away, Gloria enlisted in the US Army. She has completed Basic Training and it now at Fort Eustis, Virginia training to repair the CH-47 Chinook helicopter. In July 2020, when Winter Nights Family Shelter, Inc became an independent nonprofit, we began forming a Board of Directors. High on our list of candidates were Winter Nights alumni; individuals who knew the program from the inside and could speak for the clients. Carmella was among almost 20 men and women with various skills who were nominated. In December 2020 she was officially elected to the board of Winter Nights, along with five other community members. Her voice is sought and heard in all aspects of board responsibilities. Thank you, Carmella, for giving your time and talent in support of the future of Winter Nights. When I asked Carmella if I could nominate her she said (emailed) “Can I just say wow!! I am so honored that you would like to nominate me!! I am so floored and humbled. Thank you! Love my Winter Night’s family!! Homelessness is not the end of the world, it’s the beginning of a new one. It’s your choice what you do with it.” Charlie, Leslie, Tommy, Scott, Jon, Pam, and Kevin From Trinity Center Nominated by: Leslie Gleason Supervisorial District: District 4 (Clayton, Concord, Pleasant Hill, part of Walnut Creek, and the unincorporated Contra Costa Centre) Description of nominee’s personal accomplishments that reflect resilience and courage: When a dedicated leader joins forces with people experiencing homelessness and community supporters, what do you get? Trinity Center, a place of safety where “everybody knows your name” and works together to make sure people living unhoused can access basic resources, build community, and move forward. We proudly nominate our seven (7) staff who have lived experience of homelessness and/or substance use disorders and who bring their talents and teamwork daily in service of others. Because of them, and others who have been part of our history, Trinity Center can keep the doors to opportunity open for others facing or at risk of homelessness. Not only do they keep the Center operating, and support members who are facing the daily challenges they have shared, they serve as role models for persons seeking housing, financial stability, and recovery. Individually and collectively, their accomplishments have been remarkable— overcoming substance use disorders, pursuing education, raising families, regaining housing, maintaining employment—demonstrating strength, courage, resilience and hopefulness that quietly says “you can do it too!” For believing in themselves, each other, and coming together to create a community that truly cares about persons living unhoused, we recognize and commend Charlie, Leslie, Tommy, Scott, Jon, Pam, and Kevin for “Thriving in the Face of Homelessness!” Colin Jack Fliehmann Nominated by: Wayne Calhoon Supervisorial District: District 4 (Clayton, Concord, Pleasant Hill, part of Walnut Creek, and the unincorporated Contra Costa Centre) Description of nominee’s personal accomplishments that reflect resilience and courage: Jack has provided 30,000-50,000 room service style hot meals and supplies, plus his love, delivered every single day on his route in Concord. His work is mostly self funded. Colin Jack Fliehmann Nominated by: Michele Perry Supervisorial District: District 4 (Clayton, Concord, Pleasant Hill, part of Walnut Creek, and the unincorporated Contra Costa Centre) Description of nominee’s personal accomplishments that reflect resilience and courage: Jack gets up before 4 am, 7 days a week to carry food, supplies, and hope to unhoused people in Concord. He is out there in the dark, whether anyone comes with him or not. Also, he has chartered a bus to take unhoused people to the beach for a day so they can feel some kind of normalcy in their lives. Jack is dedicated to caring and has rallied the community to support him. He does need more support, but what he does truly makes a difference. #LoveRevolution #LovedKnownAndNotAlone. D. G. Nominated by: Count Butler Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Description of nominee’s personal accomplishments that reflect resilience and courage: The consumer was homeless for 2 years. He has a significant other that is expecting her first child and he was able to establish stable housing for his family. David Cohen Nominated by: Paula Bonnell Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Description of nominee’s personal accomplishments that reflect resilience and courage: Completed his teaching credentials! Denise Mills Nominated by: Denise Mills Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Description of nominee’s personal accomplishments that reflect resilience and courage: Denise made the Dean's list for 2015, 2016, 2017, 2018, is on the Juvenile Justice Coordinating Council for Contra Costa County, TRADEMARK WOMEN OF DISTINCTION HONORS EDITION 2020, completed AA Degrees in Dual Diagnosis Specialization & Screening, HHS, Sociology, Substance Abuse Case Managerment AB109 Mentor, Life Impact (self leadership & personal growth). Through this journey, this lady found much support with counselors, co-workers, professors, and family members. Ileia Thomas Nominated by: Ileia Thomas Supervisorial District: District 4 (Clayton, Concord, Pleasant Hill, part of Walnut Creek, and the unincorporated Contra Costa Centre) Description of nominee’s personal accomplishments that reflect resilience and courage: Experienced homelessness as single mom and now living in 1-bdrm apartment with daughter. I am nominating myself. I started experiencing homelessness when I was pregnant for the first time with my daughter, about 5 years ago. I was pregnant and sleeping in my car, friend’s couches, and eventually over 3 shelters. Fast-forward to now: the past 2 years I've gotten off welfare and food stamps. And, for 4 months now, my daughter and I live in a 1-bedroom apartment and I am working full-time at the same job for 3 years now. J. G. Nominated by: Michelle Milam Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Description of nominee’s personal accomplishments that reflect resilience and courage: J.G., is nothing if not a true representative of the American Dream. The American Dream which for many is very difficult to achieve. I met J. when he was a young person on a "Shop With A Cop" excursion. J. was always friendly, hard working and willing to learn and help others. That impressed me, to have that level of maturity at such a young age. J., at the young age of 17, found himself without housing options. He was working as a volunteer at Richmond PAL, and later was employed there. Eventually with the help and support of the community he was able to find a safe place to stay at a transitional facility for teens, and later at a young adult facility which helped get J. into his own apartment. J., through all of this, vowed to finish school and make everyone proud of him. He graduated from high school in Richmond, and later enrolled in some of the programs offered to him at the transitional program. J. took an interest in culinary training, and decided last year to venture out on his own and start his own small business selling some of his culinary cultural dishes. He'd often take public transportation to deliver them. This was only ONE business. In addition he began painting houses, and doing home repairs and designing T-shirts for sale. It is very rare to see adults with that kind of drive. Though J. still has many challenges that he faces, I cannot think of someone who deserves this more, or has more heart to overcome them. My life challenges, by J. “I was in a homeless shelter in Oakland CA. For a long time I lived with my parents which were not easy. There was a lot was going on which I did not understand at all until I got older. In 2003 my mother and father divorced each other which impacted my brother and I and our childhood. It hard for me express the pain. But as I am getting older I am starting to understand a lot of things about life. I have learned to take challenges and do something better in life. I learned that I have to keep my head up no matter what the situation is so it can make me stronger in an Iot of areas. Negative energy can turn into something positive. I’m very good at seeing the positive in every bad thing. I won’t let anything stop me from reaching my goals in life including my past. Going to college is a major step for me. Some people will not take that step in life to move on to something different in life. I am a very outgoing young man and have a heart for people and I am also an entrepreneur and I’m very good at making businesses. That is my specialty and hobby. At the age of 16, I ran my own car wash in the summer and people had people working for me. I did it again at age 17. I am very good with managing people and running a business. I am also starting up a clothing line of my own. I plan on launching the clothing line, and adding a painting business to my list of projects. I want the best for my future I feel like college will do that for me. My goals are to own a lot of businesses and have my own company and build it under my family name. People deal with a lot in their life and cannot follow through with their goals because they deal with a lot of madness, destruction, and trauma. From 1st grade to 5th grade I was in a behavioral private school. I did not have the best education at a young age but that does not stop me from trying to learn and understand but my childhood was rough. But I learn no matter what you are going through do not let nothing stop you from reaching your goal at all. I achieve my goals by doing the unexpected. I will use my education to give the community hope and understanding so they know they can do anything they put their mind to. All a person needs to do is be themselves and do not let people talk them down from doing anything they want to do with their life. At the end of the day I hold my head high no matter my situation. I’ve been in the street, sleeping in cars, park benches, and football fields but through all of that I don't let anything stop me. I keep going and I take the pain and make myself stronger. What is making me pursue my education is I want to show people that dreams can come true. I want to go to an HBCU and learn more about my culture and were my people come from, and/or attend barbering college. People look up to me and I have a lot of people want to see me succeed. I feel like it will be a good experience for me and see something different. I am about to rise to the top and make my plans happen and set things in motion. I plan to teach other people how to do the same as me, including young people. Right now I am helping this young man that is thirteen start up his own clothing line. I love helping people and bringing them together. So that way these students of mine that I help can help others from what they learned being around me. The main point of going to college is to learn and to come back and teach my community and be a good role model to everybody. I really care about giving back to my community so they can be educated and have a mindset like I have to do better and like and make something of themselves. People often doubt themselves about how they are not going to make it because the environment in Richmond. I would like to show them that anything is possible and I want to show people that they do not have to make their self a statistic in Richmond I want them to be better than that.” James Martin Nominated by: Mary Fitzgerald Supervisorial District: Unknown Description of nominee’s personal accomplishments that reflect resilience and courage: Participant was chronically homeless; in his car for a long time and hesistant to reach out for help bc he didnt feel worthy. Found him at Trinity; enrolled in SSVF. Placed him in an Emergency hotel to help protect him from COVID (he is a senior). From hotel, got VASH voucher and is stably housed. New lease on life. Jo Bruno Nominated by: Hans Nijessen Supervisorial District: District 5 (Hercules, Martinez, Pittsburg, portions of Pinole and Antioch, and unincorporated communities of Alhambra Valley, Bay Point, Briones, Rodeo, Pacheco, Crockett, Tormey, Port Costa, Mt. View, Vine Hill, Reliez Valley, and Clyde) Description of nominee’s personal accomplishments that reflect resilience and courage: Jo Bruno, (Delta Peers) has handled herself exemplary during her own homeless ordeal and mental struggle. She is a remarkable helpful peer and a resourceful person. By her structural and determined approach and implementation of the Delta Peers organization in Antioch and Contra Costa County, she is being the role model and helpful peer, by maintaining strength and agility, as she is slugging away on the path to recognition for this group of human beings. She is, in my humble opinion the personification of the "Thriving In The Face Of Homelessness" Award and therefore, I do nominate her. Jo Bruno Nominated by: Samantha Handley Supervisorial District: District 5 (Hercules, Martinez, Pittsburg, portions of Pinole and Antioch, and unincorporated communities of Alhambra Valley, Bay Point, Briones, Rodeo, Pacheco, Crockett, Tormey, Port Costa, Mt. View, Vine Hill, Reliez Valley, and Clyde) Description of nominee’s personal accomplishments that reflect resilience and courage: Even while unhoused, Jo continued to show up for the community. She has the Consumer seat on the Council for Homelesness. She has attended the SPIRIT program through Contra Costa Behavioral Health, and during her internship created a new community engagement model between two county offices, and is currently applying to UC Berkeley for her Master's in Public Policy, all while barely staying housed herself. Jo is a good friend. She is always there to listen without judgement and offer encouragement. She wants to see her people succeed in life. She puts her all into everything she does without a thought for what the cost might be to herself. Jo Bruno Nominated by: Jessica Rojas Supervisorial District: District 5 (Hercules, Martinez, Pittsburg, portions of Pinole and Antioch, and unincorporated communities of Alhambra Valley, Bay Point, Briones, Rodeo, Pacheco, Crockett, Tormey, Port Costa, Mt. View, Vine Hill, Reliez Valley, and Clyde) Description of nominee’s personal accomplishments that reflect resilience and courage: Jo Bruno was recently the the valedictorian at her graduation from Spirit, she is the founder of Delta Peers, she is helping to establish the Peer Network of Contra Costa County (PNCC), she is a peer advisor, she is a writer, massage therapist, an advocate, a beautiful soul and so much more. I am grateful to have met Jo in elementary and years later we meet through her work in Contra Costa and I am so grateful and impressed by who she is and strives to be and all that she holds and continues to push through and be a voice for others in need. She has always had a fighting spirit and a love for others - her voice is so needed for change! Her resilience shouldn't have been needed - she should have been protected from all that she has endured and yet she is thriving and not only that but living with purpose! One of my favorite posts from her social media was one that stated, "Reminder: If serving is beneath you, leading is beyond you." And that is a beautiful example of who she is. Kai Powell Nominated by: Darlene Scruggs Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Description of nominee’s personal accomplishments that reflect resilience and courage: Kai Powell goes above and beyond the call of duty for the clients of Project Room Key. She has helped a family get to into permanent housing with their two set of twins, she works tirelessly to get the kids at the Marriott into school and bridge the gap between families in transition and the schools in West County. Kai imbues the clients with hope, and self belief. The clients say she sees them and for once they feel someone really cares. The one thing that makes her so courageous is that she came through her lived experience to be a beacon of light to many that are lost and with out hope. Kai shares her experience, strength, and hope to encourage everyone that she come in contact with. Loren Dalbert Nominated by: Loren Dalbert Supervisorial District: They serve the entire county Description of nominee’s personal accomplishments that reflect resilience and courage: Loren shines in so many ways: 1. His ability to apply himself and learn about something new (such as the technology tools we use – Trello and Miro). 2. His ability to adapt to an entirely new environment (public service, virtual work). 3. Working with a new (cross-functional) team and learning about the members of the team (workforce services and homeless services, plus the two coaches and white paper writer who served as meeting support early on). 4. His enthusiastic dedication to the WAF/HCD project (Workforce Accelerator Fund/Human-Centered Design) and all the research it entails. But mostly, his courage is the most prominent way he shines because it allows him to do all the rest. Loren has been through a lot in his life, but he dares to keep swimming forward into the unknown, even when things are scary, and he is facing something he has never done before, and he is not sure he can do it. His open-mindedness is the thing that makes him change his own “Why?” into a “Why not?” Whether he realizes it or not, he has inspired us all with his leadership on the project and his mastery over himself. Those comments were from my annual performance review. M. C. Nominated by: Count Butler Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Description of nominee’s personal accomplishments that reflect resilience and courage: The consumer is legally blind and was homeless for a couple of years. He is highly motivated to become an entrepreneur. Patrick Davis Nominated by: Rylie Silva Supervisorial District: They serve the entire county Description of nominee’s personal accomplishments that reflect resilience and courage: Patrick is courageously helping men overcome the challenge of homelessness by leading people through the very process of restoration that he himself walked through. Patrick’s life is one of many ups and downs but he made courageous decisions to not only overcome for himself, but now for others. Quinton Walker Nominated by: Mary Fitzgerald Supervisorial District: District 4 (Clayton, Concord, Pleasant Hill, part of Walnut Creek, and the unincorporated Contra Costa Centre) Description of nominee’s personal accomplishments that reflect resilience and courage: After spending 38 years incarcerated, this participant completely changed his life around. While inside; he recieved 3 AA's degrees (BA's not offered). When he came out, he found our SSVF program. We were able to help him get on his feet and find housing. He now is a counselor for others and stable. Raymond and Dolores Custodio Nominated by: Mary Fitzgerald Supervisorial District: District 2 ( San Ramon, Danville, Alamo, Lafayette, Moraga, Orinda, Canyon, Rossmoor, Parkmead, Saranap and a portion of Walnut Creek)) Description of nominee’s personal accomplishments that reflect resilience and courage: A chronically homeless senior couple that lived in their car for many years. They got very bogged down by debt but couldn’t get on their feet. Found our program, got housing, and are working to get out of debt. They got a HUD VASH housing voucher, are stable now and much healthier and happier after getting off of the streets. Yesenia Pleitez Nominated by: Hillary Bowers Supervisorial District: District 1 (Richmond, San Pablo, El Cerrito, part of Pinole, and the unincorporated communities of Bayview, East Richmond Heights, El Sobrante, Kensington, Montalvin Manor, Tara Hills, North Richmond, and Rollingwood) Description of nominee’s personal accomplishments that reflect resilience and courage: I would like to Nominate Yesenia Pleitez. She is a former CORE client and now work for CORE full time as a Lead Outreach Worker. Yesenia is Spanish speaking and uses here experiences with homelessness to help others. She is an asset to CORE and the homeless Community. Yesenia is a trauma and suicide survivor. She has shared her story publicly before including how she overcame mental health and substance abuse issues. Worked to get custody of her children, find independent housing, and full-time employment. She has an amazing story and is a true testament that people experiencing homelessness can recover and give back to others what was given to them. RECOMMENDATION(S): REQUEST that, for purposes of the situs address on the property tax roll, the Assessor change the city associated with 465 properties in the unincorporated Saranap area located within the boundaries of the Lafayette School District and the Sphere of Influence of the City of Lafayette, as identified in Exhibit A, from “Walnut Creek” to “Lafayette” prior to the delivery of the 2022 secured property tax roll to the Auditor. ACKNOWLEDGE that this modification to the property tax rolls would be made at the Board of Supervisors’ request and that such change would be made within the course and scope of the Assessor’s official duties. FISCAL IMPACT: Staff costs needed to effect the change to parcel address on the property tax roll, the Geographic Information System maps, and the County Land Information System will be funded by the General Fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Laura Strobel (925) 655-2058 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Russell Watts, Treasurer-Tax Collector, Marc Shorr, Chief Information Officer D. 3 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:November 9, 2021 Contra Costa County Subject:Saranap Situs Address Change BACKGROUND: In 2019, various residents living in the unincorporated Saranap area asked Supervisor Andersen and the Department of Conservation and Development to investigate the possibility of changing the city place name of 465 Saranap properties from Walnut Creek to Lafayette. Properties in this area have a Walnut Creek Zip Code of 94595 but are located within the Lafayette School District and the City of Lafayette Sphere of Influence. These properties are shown on Exhibit A, attached. After petitioning the United States Postal Service (USPS) to make the change, USPS agreed to add Lafayette in its mail routing system as a recognized city mailing address for these properties. USPS now recognizes both Lafayette and Walnut Creek as city addresses for this area. The Zip Code for the properties remains 94595. Many residents in the unincorporated area of Saranap are requesting that the property tax rolls be changed to reflect city address of Lafayette. The property tax rolls associate a property with a city in 1) the mailing address and 2) the situs address, i.e., the description of where the property is located. For purposes of the situs address, the Assessor has discretion to associate a property with a city, including changing the city name from Walnut Creek to Lafayette for the properties listed in Exhibit A. Such a decision is within the scope and course of the Assessor’s responsibilities because the Assessor is statutorily charged with preparing the property tax rolls. (Rev. & Tax. Code, § 601.) At its expense, the County will provide for the legal defense of the Assessor and his Office in civil actions filed by owners or former owners of properties listed in Exhibit A asserting damages resulting from the city name change. If the Assessor updates the situs address to associate the affected properties with Lafayette, rather than Walnut Creek, the change would not place the properties within the City of Lafayette. The properties would remain in the unincorporated area of Contra Costa County. Additionally, the city name change would not result in reassessment of the properties or affect which laws and regulations are applicable to the properties. If needed, the Department of Information and Technology will work with the Treasurer-Tax Collector to enable issuance of tax bills with the changed address for the 2022 tax bill. In addition, the Department of Conservation and Development will update zoning maps to reflect that these properties are in unincorporated Lafayette. With respect to mailing addresses appearing on the property tax rolls, the Assessor’s Office uses a program that directly inputs mailing address information from USPS’s database. For this reason, these mailing addresses would continue to reflect Walnut Creek as entered in the USPS database. CONSEQUENCE OF NEGATIVE ACTION: That 465 affected properties in the unincorporated Saranap area would retain a situs address of Walnut Creek on the property tax rolls, despite being located within the boundaries of the Lafayette School District and the Sphere of Influence of the City of Lafayette. However, the situs address can be changed to reflect Lafayette. CLERK'S ADDENDUM Speakers: Gus Kramer, County Asessor; Joyce Coleman, Walnut Creek; Steve Segal, Walnut Speakers: Gus Kramer, County Asessor; Joyce Coleman, Walnut Creek; Steve Segal, Walnut Creek; Lynn Lopez, Saranap; Derek; Chris O'Brien; Glen Zamanian; Elizabeth S. Written commentary provided by Thomas M. Cassani (attached). AGENDA ATTACHMENTS Exhibit A MINUTES ATTACHMENTS Correspondence Received Lafayette(94549) Lafayette(94549) Unincorporated County(94595) F reemanCt ÄÅ24 ÄÅ24 Camino DiabloElCurtolaBl v d Flora AveGolden Rain Rd Skycre s t D r HillcrestRdLafayette(94549) Walnut Creek(94595) Walnut Cree k(94597)Olym pic BlvdOlympic Blvd Mt Diablo Blvd Juanita DrBoulevardW ayElCurtolaBlvdCaminoDiablo Leland DrW a r r e n R d SaranapAve Kinney Dr KingDr O l d T u nnelRdCondit Rd Freeman Rd Dewing LnTi ceVa ll e y Bl v dWindsorDrAcaciaRd S e q u o ia A v e Lucy Ln P a n oramicWay W Newell Ave G o l d e n Rai nR dSunset LoopParkAveBridge RdA l d e r A v eWillo w A v e Blade Way KelleyC tIri s LnEl Dorad oRdKendallCtMeek PlSpri n g b rookRdCarolynCtO ld OakDr G r andvie wPlM a r s C t Ma r y olaCtHoedel Ct Ruth CtHiltonRdNicholsonRd New ell C tViela CtS a n fordLnAcorn CtIsland CtHilton Ct Lily CtDel Hambre Cir Studebaker RdBoulevard Cir Palana CtDale CtAbbey Ct Evergreen CtWindsor CtMap Created 9/8/2021 by Contra Costa County Department of Conservation and Development, GIS Group 30 Muir Road, Martinez, CA 94553 37:59:41.791N 122:07:03.756WI05001,000250 Feet This map was created by the Contra Costa County Department of Conservation and Development with data from the Contra Costa C ounty GIS Program. Some base data, primarily City Lim its, is derived from the CA State Board of Equalization's tax rate areas. While obligated to use this data the County assumes no responsibility for its accuracy. This map contains copyrighted information and may not be altered. It m ay be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. Mailing Address Change Af fected Area Parcels Affected by Mailing Address Change Parcels City Limit Boundary with Zip Codes RECOMMENDATION(S): ACCEPT the fiscal year 2021/22 1st Quarter report on the American Rescue Plan revenues and expenditures through September 30, 2021. FISCAL IMPACT: In August 2021, the County had identified known American Rescue Plan Act (ARPA) revenues of $317,327,304, including $224,058,903 of Coronavirus State and Local Fiscal Recovery Fund (CSLFRF) allocation, $71,605,012 of Emergency Rental Assistance Program 2 (ERAP 2) allocation, $12,000,000 of HOME Investment Partnerships allocation, $3,355,250 of ARPA Funding for Health Centers allocation, $2,508,139 of Substance Abuse Prevention and Treatment Block Grant (SABG) allocation, $2,300,000 of ARPA Head Start allocation and $1,500,000 of ARPA Public Health workforce grant funds. Through September 30, 2021, known ARPA revenues have increased by $7,386,708 to $324,714,012. Of that figure, County departments have received $190,628,841 and have spent or are in the process of spending $92,553,836. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Dennis Bozanich; 925-655-2050 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D. 4 To:Board of Supervisors From:Monica Nino, County Administrator Date:November 9, 2021 Contra Costa County Subject:FY 2021/22 1st Quarter Report - American Rescue Plan Act Funding FISCAL IMPACT: (CONT'D) BACKGROUND: On August 3, 2021, the Board of Supervisors participated in an open session workshop on the American Rescue Plan Act (ARPA). ARPA was signed into law on March 11, 2021 by President Biden. The ARPA is a broad and far-reaching funding package totaling $1.9 Trillion, which provides direct stimulus to taxpayers, advances on child tax credit payments, direct allocations to State and Local governments as well as a myriad of funding augmentations and competitive grant programs administered by federal agencies. A summary of the ARPA, including national funding figures, is included as Attachment A for reference. The Board directed the County Administrator to provide ARPA revenue and expenditure updates on a quarterly basis. In preparation for the August 3, 2021 presentation to the Board, the County Administrator identified $317,327,304 in known ARPA revenue coming to the County. Of that $317 million, $127,606,231 had been received by the County, which is composed of two of the largest funding streams that will impact the County; specifically, the Coronavirus State and Local Fiscal Recovery Fund (CSLFRF) in the amount of $112,029,451, and a second allocation of $15,576,780 of Emergency Rental Assistance Program (ERAP) funds. The second tranche of CSLFRF will be distributed to the County in May 2022. In addition to CSLFRF, County departments identified $71,605,012 of Emergency Rental Assistance Program 2 (ERAP 2) allocation, $12,000,000 of HOME Investment Partnerships allocation, $3,355,250 of ARPA Funding for Health Centers allocation, $2,508,139 of Substance Abuse Prevention and Treatment Block Grant (SABG) allocation, $2,300,000 of ARPA Head Start allocation and $1,500,000 of ARPA Public Health workforce grant funds. The Board approved the appropriation and allocation of the $112 million of Year 1 CSLFRF funding to the Health Services Department to defray the cost impacts of COVID-19 response activities within the County. A decision on the use of Year 2 (second tranche) CSLFRF funding was delayed until a future date. This agenda item will provide the Board of Supervisors and the public the first quarterly update on American Rescue Plan Act revenues and expenditures as directed by the Board, which is summarized in Attachment B. Through September 30, 2021, County departments have received the following additional ARPA funding commitments: Employment and Human Services Department - $4,694,377 Health Services Department - $2,604,182, and Department of Conservation and Development - $90,215. These additional commitments are $7,386,708 more than specified in the report to the Board and public on August 3, 2021. It is anticipated that more ARPA allocations will be made over the next several quarters. Through September 30, 2021, County departments have made the following expenditures of ARPA funding: CAO-ERAP- $71,605,012 to the state for rental assistance services, and Health Services Department- $20,948,824 for pandemic responses. Through September 30, 2021, Contra Costa County has spent $92,553,836 of received or anticipated ARPA funding. This is approximately 48.5% of the revenue known at this time. The next quarterly ARPA report will be provided on the Board's consent agenda on March 1, 2022. CONSEQUENCE OF NEGATIVE ACTION: The current and anticipated expenses related to COVID-19 and the timeliness of financial reporting would be absent input from the Board of Supervisors. CHILDREN'S IMPACT STATEMENT: NA CLERK'S ADDENDUM Speakers: resident of Contra Costa County. ATTACHMENTS PowerPoint Presentation Attachment A - American Rescue Plan Act (ARPA) Summary Attachment B - FY 2021/22 Q1 ARPA Quarterly Report November 9, 2021 1 Recap of Major COVID-19 Cost Recovery Funding Sources ◦Emergency Rental Assistance Program (ERAP) Update ◦Federal Emergency Management Agency (FEMA) Public Assistance Program ◦Coronavirus State and Local Fiscal Recovery Fund (CSLFRF) Update on other American Rescue Plan Act funding Board Questions and Public Comment Board Discussion of Priority for Use of Funds 2 Key Takeaways: ◦Four revenue drivers impact vast majority the County’s cost recovery ◦Contra Costa receiving significant Federal assistance, including the cities! ◦County responsible for pandemic response, including associated costs ◦All COVID-19 revenue sources are one-time only funds! 3 Program Allocation Coronavirus Relief Fund $227,827,652 ARPA Fiscal Recovery Fund $224,058,903 Emergency Rental Assistance Program $147,427,324 FEMA Public Assistance Program (Estimate)$64,812,929 Total $664,126,808 CSLFRF Allocations Contra Costa County, By City Population*Allocation Antioch 112,236 21,550,900$ Brentwood 66,097 6,923,339$ Clayton 11,268 2,934,049$ Concord 129,273 27,040,883$ Danville 43,906 10,647,738$ El Cerrito 24,846 6,102,056$ Hercules 25,864 6,285,778$ Lafayette 25,358 6,372,376$ Martinez 36,827 9,161,456$ Moraga 16,820 4,254,072$ Oakley 42,895 10,177,190$ Orinda 19,078 4,766,723$ Pinole 19,369 4,605,009$ Pittsburg 74,498 16,290,477$ Pleasant Hill 34,133 8,334,229$ Richmond 110,130 27,740,723$ San Pablo 31,041 7,416,467$ San Ramon 83,863 8,115,425$ Walnut Creek 71,317 8,327,653$ Total 197,046,543$ * Population figures based on 2021 Estimates from the CA Department of Finance. 4 $147,427,324 for Contra Costa •ERAP 1: $75,822,311 •ERAP 2: $71,605,012 (ARPA) as of November 3, 2021 •19,236 active cases •$297,377,917 in relief requested •$147,366,986 in relief approved •$79,497,522 in relief paid Urban Footprint: Application Gap Count County Benchmarks, November 2021 Contra Costa Los Angeles Ventura Santa Cruz San Mateo Housholds At Risk (Est.)21,000 127,000 8,620 3,333 13,000 ERAP Applications to Date 19,236 86,801 10,829 2,711 7,797 Households At Risk w/o Applications (Est.)1,764 40,199 0 622 5,203 % ERAP Applications/Households At Risk 92%68%126%81%60% % Unemployment (Sep. 2021)5.5%8.2%5.3%5.4%3.8% Reminders: •FEMA reimburses 100% of eligible costs, which does not mean 100% of actual costs (Salary and Benefit costs of permanent staff not eligible!) •FEMA is the reimbursement source of last resort (after applying cascading funding) What’s it mean?: •FEMA reimbursement process cumbersome and could take years before reimbursement is received (typically 24 -36 months) •The County General Fund is fronting approximately $64 million (does not include Fire Mutual Aid figure above) in FEMA eligible costs until reimbursement is received -this figure will continue to grow 5 Claim Category Estimate Claimed Obligated Received Non-Congregate Shelter 27,410,091 17,425,870 - - COVID Testing Costs 17,585,233 Incremental Cleaning Costs 9,546,103 - - - Great Plates 6,415,043 6,415,043 3,609,873 3,121,702 Cleaning, Materials, PPE 2,000,000 Consultant Costs (Ernst & Young)1,000,000 Vaccination (Fire Mutual Aid)820,000 - - - General Costs - Rental Equipment, Other Costs 36,459 Total 64,812,929 23,840,913 3,609,873 3,121,702 as of November 2, 2021 Through September 30th, Departments have… ◦Identified $324,714,012 in known ARPA allocations coming into the County; an increase of $7.39 million since August 2021 Low-income heating assistance -$4.7 million Mental health services -$2.6 million HOME program -$0.1 million ◦Received over $190 million in ARPA revenues ◦Spent over $92.5 million for pandemic response in Health Services and rental assistance services 6 Detailed analysis is available as Attachment B 7 -Through September 30, 2021 Countywide $324,714,012 CAO, $112,029,451 ERAP, $71,605,012 EHSD, $6,992,311 HSD, $121,997,023 DCD, $12,090,215 Detailed analysis is available as Attachment B 8 Countywide $92,553,836 -Through September 30, 2021 CAO, $71,605,012 HSD, $20,948,824 9 ATTACHMENT AProgram Area Program TitleFederal Budget AugmentationSummary DescriptionFiscal Recovery Funds State & Local Fiscal Recovery Funds$130.2BContra Costa will receive $224M Fiscal Recovery Funds $2BThis only applies if a jurisdiction gets Payment in Lieu of taxes (PILT): Provides an additional $1.5 billion, split evenly over FY 2022 and 2023, for eligible revenue share counties (i.e., public land counties)Assistance to Individuals and FamiliesSupplemental Nutrition Assistance Program (SNAP) Administration$1.1B Pass through from the state for local SNAP administration and supplemental costs of running the programAssistance to Individuals and FamiliesSNAP 15% Benefit Extension $3.5B Extends the benefit increase through 9/30/2021Assistance to Individuals and FamiliesWomen, Infant, Child (WIC) Program $0.9BEmergency funds which will enhance benefits for four months plus $390 million of which will support outreach innovation and program modernization funding.Assistance to Individuals and FamiliesPandemic Electronic Benefits Transfer (EBT)  $5.6BProvides +15% monthly SNAP benefits to low‐income children (including under 6 years old) who have lost access to free/reduced price meals at school or child care due to the pandemic; May not apply in CAAssistance to Individuals and FamiliesCommodity Supplemental Food Program $37M Funds supplementing low‐income, 60+ individuals with healthy food commoditiesAssistance to Individuals and FamiliesFamily Violence Prevention and Services $0.5B Formula grants may be available to counties for Domestic Violence hotlines and survivor support programsAssistance to Individuals and FamiliesCommunity‐based Child Abuse Prevention $0.3BThrough 9/30/2023; Going to state lead entities but may be available to counties through competitive sub‐awardsAssistance to Individuals and FamiliesPandemic Emergency Assistance $1.0B Targeted cash assistance supplementAssistance to Individuals and FamiliesOlder Americans Act (OAA) Programs $1.4BAdditional funds for nutrition, community support and ombudsperson services provided directly to local Area Agencies on Aging (Triple A)AMERICAN RESCUE PLAN ‐ FUNDING SUMMARY1/47/28/202112:03 PM ATTACHMENT AProgram Area Program TitleFederal Budget AugmentationSummary DescriptionAMERICAN RESCUE PLAN ‐ FUNDING SUMMARYAssistance to Individuals and FamiliesElder Justice Act Programs $276M Funding through Federal FY 2022 to prevent elder fraud and abuseAssistance to Individuals and FamiliesEarly Childhood Home Visiting $150M States receive these funds and may subaward to county entities providing servicesAssistance to Individuals and FamiliesFamily Planning $50MFederal grant program providing low‐income and adolescent patients with essential family planning and preventative health services. County health departments are eligible applicants of these grants.Assistance to Individuals and FamiliesTenant‐Based Rental Assistance $5B Provides housing choice vouchers, with funds available through September 30, 2030.Assistance to Individuals and FamiliesHomelessness Assistance $5BProvides rental assistance, provides supportive services and development of affordable housing through acquisition or creation of non‐congregate shelter units. Funding will be allocated using the HOME Investment Partnerships Program.Assistance to Individuals and FamiliesEmergency Rental Assistance $21.6BProvides an additional round of funding for the Emergency Rental Assistance Program. Funding is distributed to counties with 200,000 residents or more, to help keep residents stably housed during the COVID‐19 pandemic.Education and ChildcareChild Care and Development Block Grants (CCDBG)$15B Administered by state in CA, but may be available as a subaward to countiesEducation and Childcare Child Care Entitlements to States $633MPermanent increase in funding to states and State match waiver through end of FFY 2022. These changes should make more money available to countiesEducation and ChildcareLow Income Household Drinking Water and Wastewater Assistance Program (LIHWAP)$4.5BCounty administered program has a flexible structure and can support household heating and cooling expenses, weatherization assistance, crisis assistance, and services such as counseling. Education and ChildcareLow Income Home Energy Assistance Program (LIHEAP)$0.5BFederal government is directing states to model LIHWAP after LIHEAP, it is possible that county governments functioning as a local LIHEAP agency will be responsible for administering this new program as well and may receive funds.Education and Childcare Head Start $1.0BEmergency funding to be distributed across existing Head Start agencies according to their share of total enrolled children.HealthCertified Community Behavioral Health Clinic Expansion Grant Program$420MGrants aimed to increase access to, and improve the quality of community mental and substance use disorder treatment through the expansion of CCBHCs2/47/28/202112:03 PM ATTACHMENT AProgram Area Program TitleFederal Budget AugmentationSummary DescriptionAMERICAN RESCUE PLAN ‐ FUNDING SUMMARYHealth Youth Suicide Prevention Programs $20MCounties that are public organizations designated by a state to develop or direct the youth suicide early intervention and prevention strategy are eligible to receive funds.HealthCommunity Mental Health Services Block Grant$1.5BCounties may use block grant dollars to provide a range of services for adults and children with serious mental illnesses.HealthSubstance Abuse Prevention and Treatment Block Grant$1.5BFunding for county behavioral health authorities to serve vulnerable, low‐income populations, such as those with HIV/AIDS, pregnant and parenting women, youth and others by ensuring access to substance abuse services.HealthCommunity‐based Funding for Local Substance Use Disorder Services$30MProvides grants to local governments for community‐based overdose prevention programs, syringe services programs and other harm reduction services in light of increased pandemic related drug‐misuseHealthCommunity‐based Funding for Local Behavioral Health Needs$50MProvides grants to local governments to address increased community behavioral health needs worsened by the COVID‐19 pandemic.Health Project Aware $30MProvides grants, contracts and cooperative agreements to entities to advance wellness and resiliency in education.Health Community Health Centers$7.6BProvides grants to Federally Qualified Health Centers (FQHCs) to respond to the COVID‐19 pandemicHealth Public Health Workforce $7.66BProvides funding to establish, expand and sustain a public health workforce including grants to local public health departmentsHealth National Health Services Corps $800MProvides funding for the scholarship as well as federal and state loan repayment programs for the healthcare workforceHealth Nurse Corp$200MProvides funding for the federal loan repayment programs for nursesHealthMental and Behavioral Health Professionals Training$80MProvides funding for grants or contracts to local governments and other entities, to run training programs in strategies for reducing and addressing suicide, burnout, mental health conditions and substance use disorders among health care professionals.HealthGrants for Health Care Providers to Promote Mental and Behavioral Health$80MProvides funding to award grants or contracts to entities providing health care, including federal qualified health centers, to establish or expand programs to promote mental health among their providers and othersHealth Pediatric Mental Health Care Access $40MProvides funding to award grants to counties to promote behavioral health integration in pediatric primary care through the development and support pediatric mental health care telehealth access programsHealth Grants for Testing $47.8BProvides funding for COVID‐19 testing, contact tracing and mitigation activities. Note that this funding will be distributed to local jurisdictions through existing cooperative agreements3/47/28/202112:03 PM ATTACHMENT AProgram Area Program TitleFederal Budget AugmentationSummary DescriptionAMERICAN RESCUE PLAN ‐ FUNDING SUMMARYHealth Grants for Vaccines $7.5BProvides funding for COVID‐19 vaccine activities. Note that this funding will be distributed to local jurisdictions through existing cooperative agreementsOther FEMA Disaster Relief Funds$50BProvides additional funds to meet the immediate needs of local governmentsOther Emergency Food and Shelter Program $400MLocal governmental entities that provided food, shelter and supportive services to people with economic emergencies services in their communities are eligible to apply for this supplemental fundingOtherEmergency Food and Shelter Program ‐ Humanitarian Relief$110MLocal governmental entities that provided food, shelter and supportive services to people with economic emergencies services in their communities are eligible to apply for this supplemental funding through the National Board for the Emergency Food and Shelter ProgramOther Assistance to Firefighter Grants (AFG)$100MFire agencies can apply for supplemental funds to purchase PPE for first respondersOtherStaffing for Adequate Fire and Emergency Response (SAFER) Grants$200MFunding for local fire and emergency response teams to help them increase or maintain the number of trained, "front line" firefighters available in their communitiesOther Emergency Management Performance Grants $100MGrant funding for local emergency management agencies for implementation of the National Preparedness System and works toward the National Preparedness Goal of a secure and resilient nation.OtherEconomic Development Assistance (EDA) Programs$3.0BLocal government is eligible to apply for the EDA program and can use the funding for economic recovery projects. 25% of the funds are reserved for communities that have suffered economic injury due to job losses in the travel, tourism or outdoor recreation sectors.Other Categorical Grants ‐ Air Pollution $50MLocal government can apply for grants and activities related to air quality monitoring and the prevention and control of air pollutionOtherEmergency Connectivity Fund for Libraries (and schools)$7.2BThis competitive grant funding provides a 100% reimbursement to schools and libraries for internet access and connected devices for students and teachers for remote learning and library services. 4/47/28/202112:03 PM DEPARTMENT:CountywideCCC Depart‐mentCFDA Federal Grantor AgencyState Passthrough Agency Name (if any)Program Title  Program DescriptionEst. Federal Grant Allocation to County  Federal Grant Allocation Received  Federal Grant Allocation Expended CAO21.027 U.S. Treasury N/ACoronavirus State and Local Fiscal Relief Fund (CSLFRF)$350 billion to state, local, territorial, and Tribal governments to bolster their response to the COVID‐19 emergency and its economic impacts. Eligible expenses include • Support public health expenditures, by funding COVID‐19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff; • Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector; • Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic; • Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; and, • Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet.$224,058,903 $112,029,452$20,816,824 See Note 1 belowCAO21.023 U.S. Treasury N/AEmergency Rental Assistance Program (ERAP) 2 ‐ Federal Direct AllocationERA2 payments are made directly to states, U.S. territories and local governments with more than 200,000 residents.  ERA2 sets aside $2.5 billion for eligible grantees with a high need for ERA2 assistance, based on the number of very low‐income renter households paying more than 50 percent of income on rent or living in substandard or overcrowded conditions, rental market costs, and change in employment since February 2020. At least 90 percent of awarded funds must be used for direct financial assistance, including rent, rental arrears, utilities and home energy costs, utilities and home energy costs arrears, and other expenses related to housing.  Remaining funds are available for housing stability services, including case management and other services intended to keep households stably housed.  ERA2 funds generally expire on September 30, 2025$38,941,950 $38,941,950$38,941,950 See Note 2 below FINANCIAL INFORMATION PROGRAM INFORMATIONAMERICAN RESCUE PLANATTACHMENT BDEPARTMENT IMPACT WORKSHEET1/411/2/20212:25 PM CCC Depart‐mentCFDA Federal Grantor AgencyState Passthrough Agency Name (if any)Program Title  Program DescriptionEst. Federal Grant Allocation to County  Federal Grant Allocation Received  Federal Grant Allocation Expended CAO21.023 U.S. TreasuryCalifornia Housing and Community Development DepartmentEmergency Rental Assistance Program (ERAP) 2 ‐ State Subrecipient AllocationERA2 payments are made directly to states, U.S. territories and local governments with more than 200,000 residents.  ERA2 sets aside $2.5 billion for eligible grantees with a high need for ERA2 assistance, based on the number of very low‐income renter households paying more than 50 percent of income on rent or living in substandard or overcrowded conditions, rental market costs, and change in employment since February 2020. At least 90 percent of awarded funds must be used for direct financial assistance, including rent, rental arrears, utilities and home energy costs, utilities and home energy costs arrears, and other expenses related to housing.  Remaining funds are available for housing stability services, including case management and other services intended to keep households stably housed.  ERA2 funds generally expire on September 30, 2026$32,663,062 $32,663,062$32,663,062 See Note 2 belowEHSD93.053Health and Human Services ‐ Administration for Community Living (ACL)California Department of AgingEmergency Older Americans Act (OAA) Program FundingProvides $1.43 billion in emergency OAA funding, including $750 million for senior nutrition programs, $460 million for home‐and‐community‐based support services, $45 million for disease prevention, $10 million for the long‐term care ombudsman program and $145 million in assistance for grandparents caring for grandchildren.   TBD  $0 $0EHSD93.747Health and Human Services ‐ Administration for Community Living (ACL)California Department of Social Services Elder Justice Act ProgramsProvides at least $188 million for the Elder Justice Act in both FY 2021 and FY 2022, and $88 million for grants to public transit systems to improve transportation access for older adults and people with disabilities. TBD  $0 $0EHSD93.591Health and Human Services ‐ Administration for Children & Families‐Family and Youth Services BureauCalOESFamily Violence Prevention and Services Act (FVPSA) Program Supplemental Grants$450 million Federal funds allocated.  Will provide 296 supplement grant awards to states, territories, tribes and local domestic violence organizations to respond to domestic violence. While counties are ineligible to receive direct allocations through the FVPSA program, they may receive funding through their state. TBD  $0 $0EHSD93.590Health and Human Services ‐ Administration for Children & Families‐Children's BureauCalifornia Department of Social ServicesCommunity Based Child Abuse Prevention (CBCAP) and Child Abuse Prevention Treatment Act (CAPTA) Supplemental FundingPermanently increases the total funding of the Child Care Entitlement to States from $2.98 billion to $3.05 billion per year (an increase of $130 million) and temporarily waived state matching funds for 2021 and 2022. We estimate an additional allocation of $20,000  for Family and Children's Trust (FACT) Contracts for services aimed at preventing child abuse and improving child outcomes. Total Federal allocation is $350 million. TBD  $0 $0EHSD93.575Administration for Children & Families ‐Office of ChildcareCalifornia Department of Social ServicesChild Care Development Block Grant (CCDBG)ARPA provides a total of nearly $39 billion in emergency funds for the Child Care Community Block Grant (CCDBG), of which nearly $15 billion is for child care subsidies through FY 2024. The remaining $24 billion will be available to states to make stabilization subgrants directly to child care providers to assist in maintaining operations (see Child Care Slots / Child Care Stabilization Funds section directly below). TBD  $0 $02/411/2/20212:25 PM CCC Depart‐mentCFDA Federal Grantor AgencyState Passthrough Agency Name (if any)Program Title  Program DescriptionEst. Federal Grant Allocation to County  Federal Grant Allocation Received  Federal Grant Allocation Expended EHSD93.596Administration for Children & Families ‐Office of ChildcareCalifornia Department of Social ServicesChild Care Slots / Child Care Stabilization FundsIncreases child care access by 206,500 slots in Alternative Payment, General Child Care, Migrant Child Care, bridge program for foster children, and prioritizes ongoing vouchers for essential workers currently receiving short‐term child care. Potential increase in the standard reimbursement rate and regional market rate ceilings. Two one time stipends will be issued out to providers: the first will be $600 per child using March 2021 enrollment and the second will be based on facility type and licensing capacity. Stipends are to be used to support with COVID‐19 pandemic relief, and, in the case of decreased enrollment or closures, to support child care providers and state preschool programs in remaining open or reopening. Budget to also include a hold harmless clause for all State Programs. Federal allocation is $24 billion. TBD  $0 $0EHSD93.600Administration for Children & Families‐Office of Head StartHead StartAmerican Rescue Plan (ARP): Fiscal Year 2021 funding increase for Head Start grantees to support program work toward full re‐opening of in‐person comprehensive services as local health guidance allows.  Federal allocation is $1 billion. $                       2,300,000  $2,302,066 $0EHSD93.568Administration for Children & Families‐Office of Community ServicesCalifornia Department of Community Services & DevelopmentLow Income Home Energy Assistance Program (LIHEAP)Provides $4.5 billion in emergency LIHEAP funds to remain available until September 30, 2022.  $                       4,692,311  $4,692,311 $0EHSD93.568Administration for Children & Families‐Office of Community ServicesCalifornia Department of Community Services & DevelopmentLow‐Income Household Drinking Water and Wastewater Emergency Assistance Program (LIHWAP)Created under the FY 2021 Omnibus to assist with payments for drinking water and wastewater expenses. Federal allocation is $500 million. TBD  $0 $0EHSD93.558Administration for Children & Families‐Office of Family AssistanceCalifornia Department of Social ServicesTemporary Assistance for Needy Families (TANF) Pandemic Emergency Assistance FundProvides $1 billion in  short‐term targeted aid (cash assistance or otherwise) to families in crisis. States will receive funds based on their population's share of children and portion of prior TANF expenditures dedicated to cash assistance. TBD  $0 $0HSD93.224Health Resources and Services Administration (HRSA), U.S. Department of Health and Human Services (HHS)American Rescue Plan Act Funding for Health CentersAppropriates funds to the Department of Health and Human Services (HHS) to be distributed to community health centers for:• Vaccine planning, preparation, distribution, and tracking• COVID‐19 testing, monitoring, and contract tracing, including mobile testing and vaccinations• Health care workforce expansion• Health care services and infrastructure modification• Community outreach related to COVID‐19  $                       3,355,250  $0$132,000 See Note 3 belowHSD93.958Substance Abuse and Mental Health Services Administration (SAMHSA), U.S. Department of Health and Human Services (HHS)CA Department of Health Care Services (DHCS)Community Mental Health Services Block Grant (MHBG)Appropriates funds to HHS for Substance Abuse and Mental Health Services Administration (SAMHSA) block grants to states for community mental health services.$2,604,182  $0 $03/411/2/20212:25 PM CCC Depart‐mentCFDA Federal Grantor AgencyState Passthrough Agency Name (if any)Program Title  Program DescriptionEst. Federal Grant Allocation to County  Federal Grant Allocation Received  Federal Grant Allocation Expended HSD93.959Substance Abuse and Mental Health Services Administration (SAMHSA), U.S. Department of Health and Human Services (HHS)CA Department of Health Care Services (DHCS)Substance Abuse Prevention and Treatment Block Grant (SABG)Appropriates funds to HHS for Substance Abuse and Mental Health Services Administration (SAMHSA) block grants to states for SUD programs. States will have some discretion in how funds are expended consistent with federal block grant requirements, and may choose to utilize some dollars consistent with existing block grant programs/services while allocating other dollars to new or one‐time activities and priorities. All expenditures are subject to approval by SAMHSA.   $                       2,508,139  $0 $0HSDCenters for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (HHS)CA Department of  Health and Human ServicesPublic Health WorkforceAppropriates funds to CDC to support 21st century outbreak response needs by: 1. Expanding and enhancing frontline public health staff2. Conducting DIS workforce training and skills building3. Building organizational capacity for outbreak response4. Evaluating and improving recruitment, training, and outbreak response efforts$500,000 per year for three years $                       1,500,000  $0 $0DCD14.239U.S Department of Housing and Urban DevelopmentHOME‐ARP: HOME Investment Partnerships American Rescue Plan ProgramAssist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non‐congregate shelter, to reduce homelessness and increase housing stability. HOME‐ARP funds can be used for four eligible activities: production or preservation of affordable housing; tenant‐based rental assistance; supportive services, homeless prevention services, and housing counseling; purchase and development of non‐congregate shelter. $                     12,090,215  $0 $0$324,714,012 $190,628,841 $92,553,836NOTES:#1#2#3On September 21, 2021, the Board adopted a resolution to transfer $38,941,950 from the Federal government and $32,663,061  (Total = $71,605,012) from a State sub‐recipient grant to the State Department of Housing and Community Development (HCD) to provide County residents with rental assistance services.These expenses will be reported against the federal grant when it is received.On September 14, 2021, the Board approved an appropriation adjustment to transfer $112, 029,452 from the CAO to the Health Services Department for the ongoing COVID‐19 pandemic response.4/411/2/20212:25 PM RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 25824 to add one (1) Director of Child Support Services - Exempt (SMA1) at salary plan and grade BD5 2410 ($15,178.45 - $18,449.50) and cancel one (1) Director of Child Support Services - Exempt (SMA 1) (position 10872) effective January 1, 2022; APPOINT Lori Cruz to position Director of Child Support Services – Exempt at Step 4 of the salary range, effective December 6, 2021, including all benefits provided in the current Management Resolution applicable to the position of Director of Child Support Services – Exempt. FISCAL IMPACT: The estimated annual County cost for the Director of Child Support Services – Exempt position is $345,796, of which $56,489 are pension costs. The estimated cost for the seven months of the remaining fiscal year 2021/2022 is $201,714, of which $32,952 are pension costs based on a start date of December 6, 2021. All costs are budgeted in the Child Support Services Fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Monica Nino, County Administrator (925) 655-2075 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 5 To:Board of Supervisors From:Monica Nino, County Administrator Date:November 9, 2021 Contra Costa County Subject:Add One Director of Child Support Services; Cancel One Director of Child Support Services; Appointment of Director of Child Support Services BACKGROUND: In July 2021, Director of Child Support Services Melinda Self informed the County Administrator that she would be retiring effective December 31, 2021. The County contracted with Avery & Associates to conduct the recruitment to fill the vacancy. In early August, the recruitment for a new Director of Child Support Services commenced. Avery Associates advertised the position nationwide. Ads were placed with appropriate industry publications and websites. Invitations and recruitment brochures were sent via traditional and electronic mail to potential candidates targeted by the executive search firm. The five-week recruitment garnered five (5) applications for further consideration. With the assistance of Avery & Associates, applications were screened, and three (3) semi-finalists were forwarded to the County panel and interviewed on September 30, 2021. The County Interview panel was comprised of Monica Nino, County Administrator, Contra Costa County, Melinda Self, Contra Costa County Director of Child Support Services; Sheryl Bratton, County Administrator, Sonoma County, and facilitated by Paul Kimura, principal of Avery & Associates. Following the interviews, Lori Cruz was selected by the County Administrator for the position of Director of Child Support Services - Exempt. Ms. Cruz holds a Juris Doctor from Catholic University of America, Columbus School of Law, and a Bachelor of Arts, Political Science and Print Journalism from University of Southern California. She has been a member of the California State Bar since 1989. She has served as the Director of Child Support Services in San Joaquin County from April 2014 to the present date. From June 2002 to April 2014, Ms. Cruz was employed as the Deputy Director of Operations of the Los Angeles County Child Support Services Department. Throughout her career, Ms. Cruz has continually worked to provide excellent child support services, including developing programs to analyze departmental data to measure performance and effectiveness of services, leading a successful statewide effort to obtain significant new funding model for local child support agencies, working collaboratively with outside agencies to provide employment services for child support clientele and developing and implementing a business model reorganization. As the successful incumbent, Ms. Cruz is qualified to continue improving customer service, effectiveness, and positive outcomes in the Department of Child Support Services. CONSEQUENCE OF NEGATIVE ACTION: The Director of Child Support Services position will remain vacant, leaving a vulnerable management position in the Department. AGENDA ATTACHMENTS 25824 Position Adj. Request MINUTES ATTACHMENTS Signed P300 25824 POSITION ADJUSTMENT REQUEST NO. 25824 DATE 11/1/2021 Department No./ Department Child Support Services Budget Unit No. 1780 Org No. 0249 Agency No. 40 Action Requested: Add one (1) Director of Child Support Services (SMA1) and cancel one (1) Director of Child Support Services (SMA1) (position 10872) effective January 1, 2022. Proposed Effective Date: 12/6/2021 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) as sociated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $201,714.00 Net County Cost $0.00 Total this FY $201,714.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Child Support Services Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Paula Webb, Executive Assistant II ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Monica Nino, County Administrator ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 11/2/2021 Add one (1) Director of Child Support Services - Exempt (SMA1); Effective January 1, 2022 cancel one (1) Director of Child Support Services (SMA1) position 10872; Appointment of Director of Child Support Services - Exempt (SMA1) at Step 4 of the salary range, effective December 6, 2021, include all benefits provided in the current Management Resolution applicable to the position of Director of Child Support S ervices - Exempt (SMA1)) Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Carol Berger 11/2/2021 ___________________________________ ________________ (for) Director of Human Res ources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 11/4/2021 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Monica Nino Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS A CTION: Monica Nino, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Resolution No. 2021/378 approving a Side Letter between Contra Costa County and the AFSCME, Local 512, adding subsection 46.6 "2021 Additional Contribution to Deferred Compensation Plan," subsection 46.7 "Deferred Compensation Incentive – Engineering Technician Unit" and subsection 51.G "Additional Contribution to Deferred Compensation Plan" to the current Memorandum of Understanding (July 1, 2018 - June 30, 2022). FISCAL IMPACT: Pursuant to Memorandum of Understanding (MOU) Section 55 - Non-Healthcare/Non-General Wage Re-Opener, the total annual cost is approximately $95,000. The cost will be absorbed by the Department. BACKGROUND: This side letter amends the Memorandum of Understanding between the County and the Union (July 1, 2016 - June 30, 2022) under Section 46 – Engineering Technician Special Issues to include an additional sub-sections (46.6) and (46.7) providing for the Engineering Technician Unit to become eligible for the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Sanford (925) 655-2070 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ann Elliott, Director of Human Resources, Robert Campbell, Auditor-Controller D. 6 To:Board of Supervisors From:Monica Nino, County Administrator Date:November 9, 2021 Contra Costa County Subject:Side Letter to amend MOU with AFSCME, Local 512, Sections 46.6, 46.7 and 51.G BACKGROUND: (CONT'D) Deferred Compensation Incentive option pursuant to the funds referenced in Section 55 – Non-Healthcare/Non-General Wage Re-Opener (incorporated by side letter into the MOU via Resolution No. 2018/576). This side letter also amends Section 51 – Special Benefits to include an additional sub-section (51.G) providing for a County contribution towards active deferred compensation accounts for employees in the Social Service Staff Specialist Unit, Income Maintenance Unit, and Clerical Supervisory Unit, pursuant to the funds referenced in Section 55 – Non-Healthcare/Non-General Wage Re-Opener (incorporated by side letter into the MOU via Resolution No. 2018/576). For the 2021 calendar year only, the County shall provide a monthly deferred compensation contribution to eligible employees in the Union who are enrolled in the County’s deferred compensation program. Only permanent full-time or permanent part-time employees in a position designated at a minimum of twenty (20) hours per week who have been employed by the County for at least ninety (90) calendar days, will be eligible for the contribution. An employee will be considered enrolled in the County’s deferred compensation program as long as they maintain a balance in such an account. The pro-rata amount for each employee will be determined by dividing $95,000 by the number of eligible employees across all AFSCME, Local 512 units enrolled in the County’s deferred compensation program on November 10, 2021. This contribution amount will be distributed proportionately on a monthly basis, starting with the December 10, 2021 pay date. Beginning in 2022, the pro-rata amount for each employee in the Income Maintanence Program Unit, Social Services Staff Specialist Unit, and Supervisory Clerical Unit will be determined by dividing $65,000 by the number of eligible employees enrolled in the County’s deferred compensation program on January 1 in those units. Individual contributions are to be distributed on a monthly basis among all eligible employees starting with the following February 10 pay date through the following January 10 pay date. The parties acknowledge that the amount of each employee’s pro-rata share is subject to change from year to year as the amount will be wholly dependent on the number of employees enrolled in the deferred compensation program at the time. For all subsequent years, the pro-rata amount for eligible employees in the Income Maintenance Program Unit, Social Services Staff Specialist Unit, and Supervisory Clerical Unit, will be approximately $65,000 for the Additional Contribution to Deferred Compensation under this section. Beginning in 2022, employees in the Engineering Technician Unit will become eligible for a monthly $75 County deferred compensation contribution, currently available to all other units in the Union. Eligibility will be based on meeting the qualifying base amount in the deferred compensation accounty and the minimum monthly employee contribution amount. These amounts are dependent on the employees' monthly salary. The terms of this Side Letter are effective in the calendar year in which the Side Letter is executed and will be incorporated into the next MOU between the County and the Union. The Parties agree that this Side Letter resolves all re-opener negotiations related to Section 55 – Non-Healthcare/Non-General Wage Re-opener for AFSCME, Local 512. Except as specifically amended or excluded by this Side Letter, all other terms and conditions of the MOU between Contra Costa County and AFSCME, Local 512 (July 1, 2016 -June 30, 2022) remain unchanged by this Side Letter. CONSEQUENCE OF NEGATIVE ACTION: Section 55 of the MOU will remain open. AGENDA ATTACHMENTS Resolution 2021/378 AFSCME 512 Side Letter 10-27-2021 MINUTES ATTACHMENTS Signed Resolution No. 2021/378 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/09/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/378 In the Matter of: The Side Letter Agreement between the County of Contra Costa and AFSCME, Local 512 adding subsection 46.6 "2021 Additional Contribution to Deferred Compensation Plan," subsection 46.7 "Deferred Compensation Incentive – Engineering Technician Unit" and subsection 51.G "Additional Contribution to Deferred Compensation Plan" to the current Memorandum of Understanding (July 1, 2018 - June 30, 2022). The Contra Costa County Board of Supervisors acting solely in it capacity as the governing board of the County of Contra Costa RESOLVES THAT: The attached Side Letter of Agreement dated October 27, 2021, between Contra Costa County and AFSCME, Local 512, be ADOPTED. Contact: David Sanford (925) 655-2070 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ann Elliott, Director of Human Resources, Robert Campbell, Auditor-Controller RECOMMENDATION(S): ADOPT Resolution No. 2021/365 approving a Side Letter between Contra Costa County and the Deputy District Attorneys' Association, adding new Section 35 - Certification Rule to the current Memorandum of Understanding (July 1, 2018 - June 30, 2022). FISCAL IMPACT: This is a change to administrative process and has no direct fiscal impact. BACKGROUND: This side letter amends the Memorandum of Understanding (MOU) between the County and the Deputy District Attorneys' Association (July 1, 2018 - June 30, 2022) to add a new Section 35 - APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Alvan Mangalindan, (925) 655-2072 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ann Elliot, Director of Human Resources, Jason Chan, District Attorney Chief of Administrative Services, Paul Reyes, Senior Deputy County Administrator D. 7 To:Board of Supervisors From:Monica Nino, County Administrator Date:November 9, 2021 Contra Costa County Subject:Side Letter to amend MOU with DDAA, to add new Section 35 - Certification Rule BACKGROUND: (CONT'D) Certification Rule, which will allow for the referral of the entire employment list in rank order (Personnel Management Regulations Section 711) for the classification of Deputy District Attorney - Fixed Term (Job Code - 2KWD). The employment lists for all other classifications must comply with the requirements of the County's Personnel Management Regulations. The terms of the side letter will be incorporated into the next MOU between the County and DDAA. Except as specifically amended or excluded by the side letter, all other terms and conditions of the MOU between the County and DDAA (July 1, 2018 - June 30, 2022) remain unchanged by the side letter. CONSEQUENCE OF NEGATIVE ACTION: If the side letter of agreement is not approved, the current certification process for the Deputy District Attorney - Fixed Term (Job Code - 2KWD) classification will continue until an alternative process is adopted. AGENDA ATTACHMENTS Resolution 2021/365 DDAA Side Letter 10-22-21 MINUTES ATTACHMENTS Signed Resolution No. 2021/365 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/09/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/365 In the Matter of: The Side Letter Agreement between the County of Contra Costa and the Deputy District Attorneys' Association, adding Section 35 "Certification Rule." The Contra Costa County Board of Supervisors acting solely in its capacity as the governing board of the County of Contra Costa RESOLVES THAT: The attached Side Letter of Agreement dated October 22, 2021, between Contra Costa County and the Deputy District Attorneys' Association, be ADOPTED. Contact: Alvan Mangalindan, (925) 655-2072 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ann Elliot, Director of Human Resources, Jason Chan, District Attorney Chief of Administrative Services, Paul Reyes, Senior Deputy County Administrator RECOMMENDATION(S): ADOPT Resolution No. 2021/376 approving a Side Letter between Contra Costa County and the District Attorney Investigators' Association, adding new Section 5.15 - Certification Rule to the current Memorandum of Understanding (July 1, 2019 - June 30, 2023). FISCAL IMPACT: This is a change to administrative process and has no direct fiscal impact. BACKGROUND: This side letter amends the Memorandum of Understanding (MOU) between the County and the District Attorney Investigators' Association (July 1, 2019 - June 30, 2023) to add new Section 5.15 - Certification Rule, which will allow for the referral of the entire employment list for the classification of District Attorney Senior Inspector (Job Code - 6KVA). The terms of the side letter will expire on June 30, 2023. Except as specifically amended or excluded by the side letter, all other terms and conditions of the MOU between the County and DAIA (July 1, 2019 - June 30, 2023) remain unchanged by the side letter. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Alvan Mangalindan, (925) 655-2072 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ann Elliot, Director of Human Resources, Jason Chan, District Attorney Chief of Administrative Services, Paul Reyes, Senior Deputy County Administrator D. 8 To:Board of Supervisors From:Monica Nino, County Administrator Date:November 9, 2021 Contra Costa County Subject:Side Letter to amend MOU with DAIA, to add new Section 5.15 - Certification Rule CONSEQUENCE OF NEGATIVE ACTION: If the side letter of agreement is not approved, the current certification process for the District Attorney Senior Inspector (Job Code - 6KVA) classification will continue until an alternative process is adopted. AGENDA ATTACHMENTS Resolution 2021/376 DAIA Side Letter 10-27-2021 MINUTES ATTACHMENTS Signed Resolution No. 2021/376 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/09/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/376 In the Matter of: The Side Letter Agreement between the County of Contra Costa and the District Attorney Investigators' Association, adding Section 15.5 "Certification Rule." The Contra Costa County Board of Supervisors acting solely in its capacity as the governing board of the County of Contra Costa RESOLVES THAT: The attached Side Letter Agreement dated October 27, 2021, between Contra Costa County and the District Attorney Investigators' Association, be ADOPTED. Contact: Alvan Mangalindan, (925) 655-2072 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ann Elliot, Director of Human Resources, Jason Chan, District Attorney Chief of Administrative Services, Paul Reyes, Senior Deputy County Administrator RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute on behalf of the County, a Utility Agreement with Contra Costa Water District (District), effective November 9, 2021, to require the District to pay approximately $550,000 in connection with utility relocation for the Marsh Creek Road Bridges (#28C0143 & 28C0145) Replacement Project (Project), Clayton and Brentwood areas. County Project No. 0662-6R4083 / Federal Project No. BRLS 5928(125) (District III and IV) FISCAL IMPACT: The estimated cost for the work associated with this agreement is $550,000.00. The District will be responsible for the entire cost. (100% Contra Costa Water District funds) BACKGROUND: The Project proposes to replace two bridges on Marsh Creek Road (Bridge APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Adelina Huerta, 925-313-2305 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 1 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:APPROVE and AUTHORIZE a Utility Agreement for Marsh Creek Road Bridges (#28C0143 & 28C0145) Replacement Project, Clayton and Brentwood areas. BACKGROUND: (CONT'D) Nos. 28C0143 & 28C0145) over Marsh Creek in both the Clayton and Brentwood areas of Contra Costa County. The District owns and maintains water facilities within the limits of the Project. In order to construct the Project, existing District facilities need to be relocated. The District will be 100% liable for the relocation costs within the public road right of way. The purpose of this agreement is to provide for the apportionment of duties and costs between Contra Costa County and the District. The work includes relocation of a 4” water main, valves, and related facilities. The County’s contractor for the Project will complete the work. The District will have the option to complete a portion of the work with their forces if the Project bids come in too high. CONSEQUENCE OF NEGATIVE ACTION: If the agreement is not approved, construction of the Project will be halted, as the bridge cannot be replaced as proposed without relocation of the District’s facilities and the Federal Funds will be lost. ATTACHMENTS Utility Agreement RECOMMENDATION(S): ADOPT Resolution No. 2021/308 approving and authorizing the Public Works Director, or designee, to fully close a portion of Sunset Drive between Franciscan Way and Arlington Avenue, Highgate Road between Sunset Drive and Edwing Drive, and Highgate Court, on November 9, 2021 through April 30, 2022 from 7:00 a.m. through 4:30 p.m., for the purpose of the installation of approximately 5,165' of 6" & 8" Earthquake Resistant Ductile Iron (ERDIP) water main, Kensington area. (District I) FISCAL IMPACT: No fiscal impact. BACKGROUND: East Bay Municipal Utility District (EBMUD) shall follow guidelines set forth by the Public Works Department. Due to the narrow width of the roads in the Kensington area, the safest way to install the new earthquake resistant water main and expedite the installation of the pipeline is to close the roads to through traffic. Public Works is scheduled to apply a surface treatment to the roads in Kensington in 2022 so EBMUD is working to complete their infrastructure renewal projects in the area prior to the County project. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Bob Hendry (925) 374-2136 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Bob Hendry -Engineering Services, CHP, Sheriff - Patrol Division Commander, Kensington Fire Protection District, Kensington Policy Protection & Community Services District, Chris Lau - Maintenance C. 2 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:Approve & Authorize to fully close a portion of several roads, on November 9, 2021 through April 30, 2022, Kensington area. CONSEQUENCE OF NEGATIVE ACTION: Applicant will be unable to close the road for planned activities, and it will result in significant delays to completion. EBMUD may not be able to complete the work within the scheduled constraints. AGENDA ATTACHMENTS Resolution No. 2021/308 MINUTES ATTACHMENTS Signed: Resolution No. 2021/308 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/09/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/308 IN THE MATTER OF: Approving and Authorizing the Public Works Director, or designee, to fully close a portion of Sunset Drive between Franciscan Way and Arlington Avenue, Highgate Road between Sunset Drive and Edwing Drive, and Highgate Court, on November 9, 2021 through April 30, 2022 from 7:00 a.m. through 4:30 p.m., for the purpose of the installation of approximately 5,165' of 6" & 8" Earthquake Resistant Ductile Iron (ERDIP) water main, Kensington area. (District I) RC21-21 NOW, THEREFORE, BE IT RESOLVED that permission is granted to East Bay Municipal Utility District to fully close a portion of Sunset Drive between Franciscan Way and Arlington Avenue, Highgate Road between Sunset Drive and Edwing Drive, and Highgate Court, except for emergency traffic, local residents, trash collection, and U.S. Postal Services, on November 9, 2021 through April 30, 2022 from 7:00 a.m. through 4:30 p.m., subject to the following conditions: 1. Traffic will be detoured via neighboring streets per traffic control plan reviewed by Public Works. 2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices. 3. East Bay Municipal Utility District shall comply with the requirements of the Ordinance Code of Contra Costa County. 4. Provide the County with a Certificate of Insurance in the amount of $1,000,000.00 for Comprehensive General Public Liability which names the County as an additional insured prior to permit issuance. 5. Obtain approval for the closure from the Kensington Police Protection and Community Service District and the Kensington Fire Protection District. Contact: Bob Hendry (925) 374-2136 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Bob Hendry -Engineering Services, CHP, Sheriff - Patrol Division Commander, Kensington Fire Protection District, Kensington Policy Protection & Community Services District, Chris Lau - Maintenance RECOMMENDATION(S): ADOPT Resolution No. 2021/348 approving and authorizing the Public Works Director, or designee, to fully close a portion of Miranda Avenue, Angela Avenue, Bolla Avenue, St. Alicia Court, and Bushmint Place, on November 16, 2021 through May 31, 2022 from 7:00 a.m. through 5:00 p.m., for the purpose of installing approximately 4,710' of 6", 8" &12" IPVC, service transfers & 2-6" connections (Infrastructure Renewal), Alamo area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: East Bay Municipal Utility District shall follow guidelines set forth by the Public Works Department to close these roads to through traffic for public safety during construction and to expedite the installation of the new water main. The location and alignment of the water mains within these roads and the existing pavement width does not allow for safely keeping the roads open to through traffic during working hours. CONSEQUENCE OF NEGATIVE ACTION: Applicant will be unable to close the road for planned activities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Bob Hendry (925) 374-2136 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Bob Hendry -Engineering Services, Chris Lau - Maintenance, CHP, Sheriff - Patrol Division Commander C. 3 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:Approve & Authorize to fully close a portion of several roads on November 16, 2021 through May 31, 2022, Alamo area. AGENDA ATTACHMENTS Resolution No. 2021/348 MINUTES ATTACHMENTS Signed: Resolution No. 2021/348 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/09/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/348 IN THE MATTER OF: Approving and Authorizing the Public Works Director, or designee, to fully close a portion of Miranda Avenue, Angela Avenue, Bolla Avenue, St. Alicia Court, and Bushmint Place, on November 16, 2021 through May 31, 2022 from 7:00 a.m. through 5:00 p.m., for the purpose of installing approximately 4,710' of 6", 8" &12" IPVC, service transfers & 2-6" connections (Infrastructure Renewal), Alamo area. (District II) RC21-25 NOW, THEREFORE, BE IT RESOLVED that permission is granted to East Bay Municipal Utility District to fully close Miranda Avenue, Angela Avenue, Bolla Avenue, St. Alicia Court, and Bushmint Place, except for emergency traffic, local residents, trash collection, and U.S. Postal Services, on November 16, 2021 through May 31, 2022 for the period of 7:00 a.m. through 5:00 p.m., subject to the following conditions: 1. Traffic will be detoured via neighboring street per traffic control plan reviewed by Public Works. 2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices. 3. East Bay Municipal Utility District shall comply with the requirements of the Ordinance Code of Contra Costa County. 4. Provide the County with a Certificate of Insurance in the amount of $1,000,000.00 for Comprehensive General Public Liability which names the County as an additional insured prior to permit issuance. 5. Obtain approval for the closure from the Sheriff’s Department, the California Highway Patrol and the Fire District. Contact: Bob Hendry (925) 374-2136 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Bob Hendry -Engineering Services, Chris Lau - Maintenance, CHP, Sheriff - Patrol Division Commander RECOMMENDATION(S): ADOPT Resolution No. 2021/351 approving and authorizing the Public Works Director, or designee, to fully close all of Maple Lane, on November 13, 2021 from 12:00 p.m. through 8:00 p.m., for the purpose of a neighborhood social event, Walnut Creek area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Parkmead Community Association is requesting that Maple Lane be closed on Saturday, November 13, 2021 from 12:00 p.m. through 8:00 p.m., for the purpose of an annual neighborhood "Chili Cook-off." The event shall be conducted in accordance with all Contra Costa County Health Services guidelines. Applicant shall also follow guidelines set forth by the Public Works Department. CONSEQUENCE OF NEGATIVE ACTION: Applicant will be unable to close the road for planned activities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Bob Hendry (925) 374-2136 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Bob Hendry -Engineering Services, Chris Lau - Maintenance, CHP, Sheriff - Patrol Division Commander C. 4 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:Approve & Authorize to fully close all of Maple Lane, on November 13, 2021 from 12:00 p.m. through 8:00 p.m., Walnut Creek, area. AGENDA ATTACHMENTS Resolution No. 2021/351 MINUTES ATTACHMENTS Signed: Resolution No. 2021/351 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/09/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/351 IN THE MATTER OF: Approving and Authorizing the Public Works Director, or designee, to fully close all of Maple Lane, on November 13, 2021 from 12:00 p.m. through 8:00 p.m., for the purpose of a neighborhood social event, Walnut Creek area. (District II) RC21-26 NOW, THEREFORE, BE IT RESOLVED that permission is granted to Parkmead Community Association to fully close Maple Lane, except for emergency traffic, on November 13, 2021 for the period of 12:00 p.m. through 8:00 p.m., subject to the following conditions: 1. Maple Lane will be open to local traffic and emergency vehicles at all times. 2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices. 3. Parkmead Community Association shall comply with the requirements of the Ordinance Code of Contra Costa County. 4. Provide the County with a Certificate of Insurance in the amount of $1,000,000.00 for Comprehensive General Public Liability which names the County as an additional insured prior to permit issuance. 5. Obtain approval for the closure from the Sheriff’s Department, the California Highway Patrol and the Fire District. Contact: Bob Hendry (925) 374-2136 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Bob Hendry -Engineering Services, Chris Lau - Maintenance, CHP, Sheriff - Patrol Division Commander RECOMMENDATION(S): ADOPT Resolution No. 2021/353 approving and authorizing the Public Works Director, or designee, to execute Master Agreement No. 04-5928S21 with the State of California, Department of Transportation (Caltrans) for state-only-funded projects and subsequent program supplements for use on local transportation facilities as required in the State Agreement, Countywide. (All Districts) FISCAL IMPACT: No fiscal impact. The proposed agreement will allow the County to apply for and receive state funds. BACKGROUND: On April 9, 2013, the Board of Supervisors approved Master Cooperative Agreement No. 04-00393S with Caltrans. The agreement outlines the responsibility of the County and Caltrans in the use and distribution of state funds awarded to the County for transportation projects. It has been 9 years since the last State Master Agreement was executed and Caltrans is now requiring a new Master Agreement to be in place in order for the County to receive state funding for new projects. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Nancy Wein, 925.313.2275 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 5 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:ADOPT Resolution No. 2021/353 executing Master Agreement No. 04-5928S21 with Caltrans, Countywide. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not executed the County will not be eligible to receive any state funds to repair or build County roads. AGENDA ATTACHMENTS Resolution No. 2021/353 Master Agreement MINUTES ATTACHMENTS Signed: Resolution No. 2021/353 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/09/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/353 IN THE MATTER OF APPROVING and AUTHORIZING the Public Works Director, or designee, to execute Master Agreement No. 04-5928S21 with the State of California, Department of Transportation (Caltrans) for state-only-funded projects and subsequent program supplements for use on local transportation facilities as required in the State Agreement, Countywide. (All Districts) WHEREAS, the County is eligible to receive state funding for certain Transportation Projects, through Caltrans; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with Caltrans before such funds could be claimed; and WHEREAS, the COUNTY OF CONTRA COSTA wishes to delegate authorization to execute Master Agreement No. 04-5928S21 and related documents thereto to the Public Works Director, or designee; and NOW, THEREFORE BE IT RESOLVED that the Public Works Director, or designee, be authorized to execute Master Agreement No. 04-5928S21 and related Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any amendments thereto with the California Department of Transportation. Contact: Nancy Wein, 925.313.2275 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE-FUNDED PROJECTS 04 Contra Costa County -------- ---------------------------------------------- District Administering Agency Agreement No. 04-5928S21 This AGREEMENT, is entered into effective this _______ day of __________, 20___, by and between the Contra Costa County, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY." RECITALS: 1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and 2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and 3. WHEREAS, said PROJECT will not receive any federal funds; and 4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: Page of 161 ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY. 2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work. 3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing. 5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT. 7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE. 8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA). Page of 162 9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration. 10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work. 12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT. 13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual. 14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities. Page of 163 15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT. 18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award. 21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual. 22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. Page of 164 23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement. 24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY. ARTICLE II - RIGHTS-OF-WAY 1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract. 2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise. (a) Expenditures of capital and support to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. Page of 165 (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made. 3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. ARTICLE III - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Page of 166 4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards. ARTICLE IV - FISCAL PROVISIONS 1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC. 2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter. 3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period 4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included. 5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY. 7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE. Page of 167 8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. 9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter. 10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds. 11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs. 12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE. 14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter. 15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess Page of 168 of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand. 16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326. 17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies. 18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations. 19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual. 20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY. 21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is Page of 169 constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY. 4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds. Page of 1610 5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for A&E Consultant Contracts. 6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335-10381 for other professional service contracts. 7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures. 9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries. ARTICLE VI - MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws. 2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT. 3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE. Page of 1611 5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT. 6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT. 10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT. 11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. Page of 1612 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager. 13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY. 17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE. 18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the Page of 1613 extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT. 20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer. STATE OF CALIFORNIA Contra Costa County DEPARTMENT OF TRANSPORTATION By______________________________ By_______________________________ ________________________________ _______________________________ Chief, Office of Project Implementation Contra Costa County Division of Local Assistance Representative Name & Title (Authorized Governing Body Representative) Date __________________________ Date __________________________ Page of 1614 EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. Page of 1615 (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. Page of 1616 RECOMMENDATION(S): ADOPT Traffic Resolution No. 2021/4510 to prohibit stopping, standing, or parking at all times, except for those vehicles of individuals with disabilities (blue curb) on the north side of Francis Street (Road No. 2295L), beginning at a point 80 feet west of 2nd Avenue's (Road No. 2295W) western curb and continuing westerly a distance of 20 feet, as recommended by the Public Works Director, Crockett area. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Public Works Department, Transportation Engineering received a request to have a disabled persons parking space installed at their residence at 1314 Francis Street in Crockett. Subsequently, staff conducted an assessment to determine if the resident qualified for the space. This included verification of the resident's disabled status, and an onsite determination that their driveway was unusable for purposes of a safe transition to the vehicle. Therefore, designation of a disabled persons parking zone is found to be supported. Entering/exiting the vehicle from the elevated curb/sidewalk in front of the residence will allow for a safer/easier transition into/out of the passenger seat of the resident’s non-accessible vehicle. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Monish Sen, 925.313.2187 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 6 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:Prohibit parking on the north side of Francis Street (Road No. 2295L), Crockett area. CONSEQUENCE OF NEGATIVE ACTION: Parking will remain unrestricted at this location. AGENDA ATTACHMENTS Traffic Resolution 2021/4510 MINUTES ATTACHMENTS Signed: Traffic Resolution No. 2021/4510 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Traffic Resolution on November 9, 2021 by the following vote: AYES: NOES: ABSENT: TRAFFIC RESOLUTION NO. 2021/4510 ABSTAIN: Supervisorial District V SUBJECT: Prohibit parking at all times, except for those vehicles displaying a special identification license plate or distinguishing placard issued to those individuals with disabilities, on a portion of Francis Street (Road No. 2295L), Crockett area. The Contra Costa Board of Supervisors RESOLVES that: Based on recommendations by the County Public Works Department's Transportation Engineering Division, and pursuant to County Ordinance Code Sections 46-2.002 - 46-2.012, the following traffic regulation is established: Pursuant to Sections 22507 and 22511.7 of the California Vehicle Code declaring parking to be prohibited at all times, except for vehicles of individuals with disabilities (blue curb), on the north side of Francis Street (Road No. 2295L), beginning at a point 80 feet west of 2nd Avenue’s (Road No. 2295W) western curb, and continuing westerly a distance of 20 feet, Crockett area. JS:sr Orig. Dept: Public Works (Traffic) Contact: Monish Sen (925-313-2187) cc: California Highway Patrol Sheriff Department TRAFFIC RESOLUTION NO. 2021/4510 I hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: Monica Nino, Clerk of the Board of Supervisors and County Administrator By , Deputy RECOMMENDATION(S): ADOPT Ordinance No. 2021-37 to adjust transportation mitigation fees and update the project list for the Central County Area of Benefit (AOB), reestablish the boundaries of that area of benefit, abolish the South Walnut Creek Area of Benefit, and repeal prior area of benefit fee ordinances and resolutions. ADOPT Resolution No. 2021/377, to adopt the April 2021 Development Program Report and March 2021 Nexus Study attached thereto. DETERMINE that the adoption of Ordinance No. 2021-37 and Resolution No. 2021/377 are exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines. DIRECT the Conservation and Development Director to file a Notice of Exemption with the County Clerk-Recorder; and DIRECT the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk-Recorder for the filing of the Notice of Exemption. DIRECT the Clerk of the Board of Supervisors to record certified copies of Ordinance No. 2021-37 and Resolution No. 2021/377 in the Official Records of the Contra Costa County Clerk-Recorder. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jerry Fahy, 925.313.2276 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 7 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:Adoption of Central County Area of Benefit Fee Ordinance and Accompanying Resolution. RECOMMENDATION(S): (CONT'D) DIRECT that, on January 1, 2023, and on each January 1 thereafter that the Ordinance No. 2021-37 remains in effect, the Public Works Director adjust the Central County AOB transportation mitigation fees for the effects of inflation or deflation, in accordance with Section 5(a)(3) of the ordinance. REDESIGNATE Trust Fund No. 1242 as the fund into which all Central County AOB transportation mitigation fee revenue will be deposited; DIRECT all Central County AOB transportation mitigation fee revenue to be deposited into that fund; and DIRECT the County Treasurer-Tax Collector to invest all monies in that fund, with interest to accrue and remain in the fund. DIRECT that all funds deposited in Trust Fund No. 1242 must be used solely to pay new development’s proportional share of the actual or estimated costs of constructing the transportation improvements specified in the Development Program Report and Nexus Study attached hereto, and to reimburse the County for payment of any such costs with money advanced by the County from its general fund, or from other County revenues. DIRECT the Public Works Director to transfer all assets and liabilities of the trust fund for South Walnut Creek Area of Benefit (Trust Fund No. 1243) to Trust Fund No. 1242 and close Trust Fund No. 1243. DETERMINE that, pursuant to Government Code section 66001(f), the administrative costs of refunding approximately $133,000 in unexpended Trust Fund No. 1243 assets will exceed any amount to be refunded. DETERMINE that all unexpended Trust Fund No. 1243 assets shall be used only on the Olympic Boulevard projects (Projects SWC2, SWC7, and SWC9), which will serve development projects that paid South Walnut Creek Area of Benefit fees. AUTHORIZE the Public Works Department to collect an additional administrative fee equal to two percent (2%) of the applicable Central County AOB fee. DIRECT the Conservation and Development Director to monitor future amendments to the currently adopted General Plan and their impact on traffic within the Central County AOB and to report those amendments to the Public Works Director as necessary to facilitate updating of the Central County AOB Fee. FISCAL IMPACT: Adoption of Ordinance No. 2021-37 will result in the collection of transportation mitigation fees from new development in amounts calculated to reflect new development’s proportional share of the actual or estimated costs of transportation improvements that are necessary to mitigate transportation impacts within the Central County AOB, as specified in the Development Program Report and the Nexus Study. (100% Transportation Mitigation Fees) BACKGROUND: A. SUMMARY: This item will adopt Ordinance No. 2021-37 and Resolution No. 2021/377 to A. SUMMARY: This item will adopt Ordinance No. 2021-37 and Resolution No. 2021/377 to establish area of benefit fees to be imposed on new development within the reestablished Central County Area of Benefit. The Board of Supervisors held a noticed public hearing on October 12, 2021, and there was no majority protest. Staff recommends that the Board of Supervisors approve this item to ensure new development within the reestablished Central County Area of Benefit pays its proportional share of the cost of the transportation improvements necessary to serve that development. B. INTRODUCTION: One of the objectives of the County General Plan is to connect new development directly to the provision of community facilities necessary to serve that development. In other words, development cannot be allowed to occur unless a mechanism is in place to provide the funding for the infrastructure necessary to serve that development. Imposing transportation mitigation fees on new development is a means of raising revenue to construct road improvements to serve new developments. Requiring that all new development pay a transportation mitigation fee ensures that new development pays its proportional share of the transportation improvements that need to be constructed to alleviate traffic impacts attributable to that development. C. HISTORY AND PURPOSE OF CENTRAL COUNTY AOB: On March 15, 1988, the Board adopted Resolution No. 88/122 and Ordinance 88-27, which created the Countywide Area of Benefit that consisted of seven regions, one being the Central County region. At the time the Central County Area of Benefit was divided into four subareas: Briones, Martinez, Central County, and South Walnut Creek. Over the next ten years after the initial resolution, Areas of Benefit were developed for each of these subregions forming separate AOBs, on December 6, 1994, and June 13, 1995, for the South Walnut Creek and Central County AOBs, respectively. As the South Walnut Creek AOB has limited development potential remaining, staff recommends that the South Walnut Creek AOB is merged into the Central County AOB to create a single AOB to maintain flexibility on how to respond to the transportation mitigation needs for new development and decrease administration costs. The Central County Nexus Study reflects a combination of boundary areas and combined list of projects to make Central County and South Walnut Creek one combined AOB funding program. D. PROPOSED CHANGES TO FEE PROGRAM : In recent years, the development potential and traffic circulation needs have changed within the Central County AOB. These changes, along with population growth and new estimated potential growth, have prompted an update to the Central County AOB program, resulting in an amended project list, and some administrative modifications, as discussed below. 1. New Project List: County staff and consultants have identified transportation projects that are needed to serve development within the Central County AOB through 2040. These projects have been included on a new project list, attached as Exhibit C to the April 2021 Development Program Report (“2021 Development Program Report”). This list contains 28 projects, of which 4 are carry-over projects from the 1994/1995 AOB Project List. The total estimated cost of the updated list of projects is $71,494,000, of which $5,865,871 is attributable to new development within the Central County AOB. Detailed estimates of the cost of each of the projects on the project list are included in the March 2021 Nexus Study, Central County Area of Benefit (the “Nexus Study”), attached as Exhibit D to the 2021 Development Program Report. The cost of the projects attributable to new development will be paid with revenue from transportation mitigation fees imposed on new development within the Central County AOB. The remaining cost of the projects, attributable to existing development, will be paid from other revenue sources, including but not limited to State or Federal Highway Safety Improvement grant funds, Local Measure J funds, gas tax revenue, and various other grant programs that may become available in the future. 2. Revised Fee Rates: Based on the analysis in the Nexus Study, transportation mitigation fees were calculated to charge new development for its proportional share of the cost of the projects on the project list in the 2021 Development Program Report. The maximum transportation mitigation fee rates supported by the Nexus Study are set forth in Table 1, below, along with the recommended rates to be adopted by Ordinance 2021-37. The proposed fee rates are the maximum allowable rates supported by the Nexus Study. However, the recommended fee rates represent a decrease from the rates currently in effect. On January 1, 2023, and on each January 1st thereafter, each of the fees in Table 1 will automatically increase or decrease by a percentage equal to the percentage change, if any, in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area for the 12-month period ending September 30 of the prior year. Table 1: Central County AOB Fee Rates Land Use Category Fee Rates to be Adopted per Nexus Study Single-Family $5,335 / du Multi-Family $3,275 / du Commercial/Retail $7.57 / sf Office $6.12 / sf Industrial $4.86 / sf Other $5,335 / du Note: du = dwelling unit; sf = square foot; due = dwelling unit equivalent The total fees required to be paid by a new development project applicant will be calculated based on the number of dwelling units (residential), square feet (commercial, office, industrial), or dwelling-unit-equivalents (other) attributable to that development multiplied by the applicable fee rate in Table 1. The fee for the expansion of an existing development will be calculated by determining the number of dwelling units, square feet, or dwelling-unit-equivalents attributable only to the expansion. The fees to be paid by each new development will be collected at the time a building permit is issued for the development, in accordance with Ordinance Code Chapter 913-4. Fee revenue will be deposited in the fund for the Central County AOB – Trust Fund No. 1242 – and used only for the transportation improvements identified in the 2021 Development Program Report. 3. Use of Existing Fee Revenues: The existing Central County AOB fund includes a fund balance of approximately $5.8 million. There are four carryover projects from the existing Central County AOB project list that have not been completed and that remain on the new Central County AOB project list. Those carryover projects are: Rudgear Road (SM1), Walnut Boulevard (SM2), Mountain View Boulevard (SM3), and San Miguel Drive (SM4). (See Nexus Study, p. 32.) Existing Central County AOB funds will remain on deposit and used for the SM1, SM2, SM3, and SM4 projects when sufficient funding is available to deliver those projects. The County has not collected sufficient funds from other sources to pay for the portion of the project costs attributable to existing development. There are no carryover projects from the South Walnut Creek AOB project list. All projects in that AOB were completed when the Olympic Boulevard Widening was completed. The ordinance will abolish the South Walnut Creek AOB and include the area previously covered by that AOB within the Central County AOB. The South Walnut Creek AOB fund has a fund balance of approximately $133,000. South Walnut Creek AOB fees have been paid by thousands of parties over nearly twenty years. The administrative cost of trying to identify parties entitled to a refund, calculate pro-rata refunds, and refund the existing funds would be administratively burdensome, and the staff time to undertake that effort is expected to exceed the amount that would be refunded. Therefore, in accordance with the requirements of Government Code section 66001(f), staff recommends that funds remaining in the South Walnut Creek AOB be transferred to the Central County AOB fund and used for the Olympic Boulevard projects, Projects SWC2, SWC7, and SWC9. Those projects will serve the development projects that paid South Walnut Creek AOB fees. E. RESOLUTION NO. 2021/377 Pursuant to Government Code sections 66484 subdivision (a)(3), and 66484.7, subdivision (a)(3), a resolution must be adopted by the Board that incorporates a description of the boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fee apportionment established at the hearing. The 2021 Development Program Report sets forth the boundaries of the Central County AOB, the list of projects and their estimated costs, the method of fee apportionment, and nexus findings. Approval of Resolution No. 2021/377 is required to comply with the above legal requirements by adopting and incorporating the facts and findings contained in the 2021 Development Program Report, and the Nexus Study attached to the report. F. ORDINANCE NO. 2021-37: To adjust the Central County AOB fees to generate revenue to fund the transportation improvements described herein, an ordinance must be adopted that includes the “nexus” findings required by Government Code section 66001. The ordinance also must include the specific information required by Government Code section 66484. Ordinance No. 2021-37 includes the information and findings required by those statutes. Adoption of Ordinance No. 2021-37 will repeal prior Central County and South Walnut Creek AOB fee ordinances and impose new transportation mitigation fees on new development within the Central County AOB. The ordinance includes provisions for fee reductions for affordable and inclusionary housing, senior housing, and congregate care facilities. Revenue from the fees will fund the transportation projects necessary to serve transportation demands within the Central County AOB through 2040. Staff recommends that the Board adopt Ordinance No. 2021-37. Notice of the October 12, 2021 hearing on the approval of the Central County AOB fee ordinance was given in accordance with Government Code sections 6061, 65091, 54986, 66484, and Ordinance Code Section 913-6.014. The hearing was held and there was no majority protest regarding the proposed fees or the proposed fee ordinance. G. ADMINISTRATIVE FEE: In addition to the transportation mitigation fee imposed on a new development project, the County will assess an administrative fee equal to 2% of that transportation mitigation fee. This additional fee will be used to cover staff time for fee collection, accounting, technical support to the community groups, traffic advisory committees and other administrative tasks. H. CEQA FINDINGS: These actions are covered by the general rule that the California Environmental Quality Act (CEQA) applies only to activities that have the potential to cause a significant effect on the environment. It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The implementation and imposition of fees has no associated environmental impacts. Therefore, this activity is exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The future requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The future implementation of the transportation improvement projects to be funded with transportation mitigation fee revenue, however, may have associated project-specific impacts, and such impacts will be evaluated under CEQA as each project is planned and implemented. For the reasons specified above, Public Works Department staff recommends that the Board take each of the recommended actions listed in this board order, to adjust the transportation mitigation fees that are imposed on new development within the Central County AOB. CONSEQUENCE OF NEGATIVE ACTION: Failure to adopt Ordinance No. 2021-37 to adjust fees in the Central County Area of Benefit, reestablish the boundaries, and update the proposed project list of the area of benefit will result in new development within the Central County AOB not paying its proportional share of the transportation improvements needed to serve development within the AOB through 2040, and projects needed to satisfy transportation demands within the AOB cannot be funded under the existing AOB program. AGENDA ATTACHMENTS Resolution No. 2021/377 Development Program Report Nexus Study Ordinance 2021-37 MINUTES ATTACHMENTS Signed: Resolution No.2021/377 Signed Ordinance 2021-37 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/09/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/377 IN THE MATTER OF the adoption of Contra Costa County Ordinance No. 2021-37, adjusting the fees for the Central County Area of Benefit. WHEREAS, the Board of Supervisors conducted a public hearing on October 12, 2021, to consider the adoption of an ordinance to adjust Central County Area of Benefit transportation mitigation fees and update the project list for the Central County Area of Benefit; and WHEREAS, the Board of Supervisors at said hearing reestablished the boundaries of the Central County Area of Benefit, the costs of the proposed improvements, and the method of fee apportionment, as set forth in the April 2021, Development Program Report for the Central County Area of Benefit (“Development Program Report”), attached hereto as Exhibit 1 ; and WHEREAS, Government Code sections 66484 and 66484.7 require a resolution incorporating a description of the area of benefit boundaries, costs, and method of fee apportionment to be recorded by the governing body conducting the hearing; and WHEREAS, the April 2021, “Nexus Study, Central County Area of Benefit” (“Nexus Study”), which is attached as Exhibit D to the Development Program Report, sets forth the nexus findings required by the Mitigation Fee Act (Gov. Code. § 66000 et seq.); NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby: ADOPTS the Development Program Report attached hereto as Exhibit 1, including the Nexus Study attached as Exhibit D to the Development Program Report. 1. INCORPORATES herein by reference the following, which were established at the hearing described above: 2. The boundaries of the Central County Area of Benefit, as more particularly described in the legal description attached as Exhibit A to the Development Program Report, and as depicted in the map attached as Exhibit B to the Development Program Report. A. The estimated costs of the intersection and pedestrian improvements to be funded with revenue from the Central County Area of Benefit fees, as more particularly set forth in Exhibit C to the Development Program Report; and B. The method of apportionment of the Central County Area of Benefit fees, as more particularly described in the Development Program Report, and in the Nexus Study attached as Exhibit D to the Development Program Report. C. Contact: Jerry Fahy, 925.313.2276 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: "Accredited by the American Public Works Association" 255 Glacier Drive Martinez, CA 94553-4825 TEL: (925) 313-2000 • FAX: (925) 313-2333 www.cccpublicworks.org Brian M. Balbas, Director Deputy Directors Stephen Kowalewski, Chief Allison Knapp Warren Lai Carrie Ricci Joe Yee ADOPTED BY BOARD OF SUPERVISORS ON ___________________ Development Program Report for the Central County Area of Benefit April 2021 Prepared Pursuant to Section 913 of the County Ordinance Code Prepared by and for: Contra Costa County Public Works Department, Transportation Engineering Division and Department of Conservation and Development, Community Development Division Development Program Report For the Central County Area of Benefit Table of Contents CHAPTER 1: INTRODUCTION AND PURPOSE ................................................................ 1 CHAPTER 2: BACKGROUND ............................................................................................ 2 CHAPTER 3: LOCATION AND BOUNDARY ...................................................................... 2 CHAPTER 4: GENERAL PLAN RELATIONSHIP ................................................................ 3 CHAPTER 5: PROJECT LIST ............................................................................................ 4 CHAPTER 6: DEVELOPMENT POTENTIAL ....................................................................... 8 CHAPTER 7: ESTIMATED COST OF ROAD IMPROVEMENTS ........................................... 9 CHAPTER 8: METHOD OF FEE APPORTIONMENT ......................................................... 10 CHAPTER 9: FEE RATES ................................................................................................ 12 CALCULATION OF FEES ................................................................................................................................................................. 12 CHAPTER 10: PROGRAM FINANCE CONSIDERATIONS ............................................... 13 OTHER FUNDING SOURCES ........................................................................................................................................................... 13 REVIEW OF FEES .......................................................................................................................................................................... 13 COLLECTION OF FEES ................................................................................................................................................................... 13 INTEREST ON FEES ....................................................................................................................................................................... 14 DEDICATION IN LIEU OF FEE ......................................................................................................................................................... 14 List of Tables TABLE 1. PROPOSED PROJECT LIST FOR CENTRAL COUNTY/SOUTH WALNUT CREEK AOB PROGRAM ............................................................................................................... 5 TABLE 2. DEVELOPMENT POTENTIAL SUMMARY ........................................................... 8 TABLE 3. DWELLING UNIT EQUIVALENT (DUE) RATES ............................................... 10 TABLE 4: GROWTH IN DUES ........................................................................................ 11 TABLE 5: FEE CALCULATIONS ...................................................................................... 12 List of Exhibits EXHIBIT A: AREA OF BENEFIT BOUNDARY LEGAL DESCRIPTION EXHIBIT B: AREA OF BENEFIT BOUNDARY MAP EXHIBIT C: ROAD IMPROVEMENT PLAN – PROJECT LIST WITH ASSOCIATED COSTS EXHIBIT D: NEXUS STUDY - CENTRAL COUNTY AREA OF BENEFIT Development Program Report For the Central County Area of Benefit 1 OF 14 Chapter 1: Introduction and Purpose The Central County Area of Benefit (“Central County AOB”) was created as a means to collect funds to maintain and improve roadway, bicycle, and pedestrian facilities needed to accommodate travel demand generated by new land development within Central County. This Development Program Report (“DPR”) contains information and data in support of assessing development projects within the Central County AOB as a means for development to pay its fair share towards future infrastructure. The DPR is required by Chapter 913-6 of the County Ordinance Code and is required by the Board of Supervisors’ Policy on Bridge Crossing and Major Thoroughfare Fees (adopted July 17, 1979), which implements Division 913 of the County Ordinance Code and section 66484 of the State Subdivision Map Act. One of the objectives of the County General Plan is to connect new development directly to the provision of community facilities necessary to serve that development. In other words, development cannot be allowed to occur unless a mechanism is in place to provide the funding for the infrastructure necessary to serve that development. The Central County AOB Fee is a means of raising revenue to construct road improvements to serve new developments. Requiring that all new development pay a road improvement fee will help ensure that they participate in the cost of improving the road system. Each new development or expansion of an existing development will generate additional traffic. Where the existing road system is inadequate to meet future needs of new development, improvements are required to meet the new demand. The purpose of a development program is to determine improvements ultimately required by future development and to require developers to pay a fee to fund these improvements. Because the Central County AOB Fee is based on the relative impact on the road system and the costs of the necessary improvements to mitigate this impact, the fee amount is roughly proportional to the development impact. This report discusses the basis of that fee amount. Development Program Report For the Central County Area of Benefit 2 OF 14 Chapter 2: Background On March 15, 1988, the Board of Supervisors (“Board”) passed a resolution forming the Countywide Area of Benefit (“Countywide AOB”) to improve the capacity and safety of the arterial road network in the County through the establishment of a traffic mitigation fee ordinance (Resolution 88/122 and Ordinance 88-27). This ordinance applied to unincorporated areas of the County and outlined boundaries of seven regional areas of benefit, including the Central County AOB, within the original Countywide AOB. The Central County AOB was last updated in 1995. The Central County area has since experienced changes in the area's circulation needs and development potential. The Nexus Study provides the technical basis for a comprehensive update of the Central County AOB Program. The focus of the updated program is to support an overall transportation system in the Central County AOB that serves the expected future demand based on changes in regional and local land use projections, planned and approved development projects, and associated changes to capital improvements and updated cost estimates. The Nexus Study documents the analytical approach for determining the nexus between the fees, the local impact created by anticipated development in the Central County AOB, and the transportation improvements to be funded with fee revenues. A traffic and fair-share cost analysis was conducted to equitably distribute the cost of the necessary improvements to developments that cause the impacts, per the provisions of the Mitigation Fee Act. The most up-to-date analytical tools and techniques, available at the time this study commenced, were used to ensure the highest level of consistency with current standards. Chapter 3: Location and Boundary The Central County AOB boundary location is described in Exhibit A and generally shown in Exhibit B. Development Program Report For the Central County Area of Benefit 3 OF 14 Chapter 4: General Plan Relationship One of the objectives of the County General Plan is to relate new development directly to the provision of community facilities necessary to serve that new development. Accordingly, development cannot be allowed to occur unless a mechanism is in place to provide the funding for the infrastructure necessary to serve that development. The Central County AOB Program is a fee mechanism providing funds to construct transportation improvements to serve new residential, commercial and industrial development. Requiring that all new development pay a transportation improvement fee will help ensure that it participates fairly in the cost of improving the transportation system. This Program applies only to new development within the unincorporated portions of the Central County AOB. The Central County AOB is consistent with the features of the County General Plan and its amendments, and subscribes to the policies of the General Plan elements. The General Plan policies include, but are not limited to, improving the County roadway network to meet existing and future traffic demands. The Central County AOB Fee will assist in funding the necessary roadway improvements required for future growth as shown in the General Plan. Development Program Report For the Central County Area of Benefit 4 OF 14 Chapter 5: Project List The project list for the Central County AOB is set forth in Table 1 below. This list contains 28 projects, of which 4 are carry-over projects from the 1994/1995 AOB Project List. The projects include pedestrian and bicycle safety improvements. The improvements not related to pedestrian and bicyclist safety are focused on capacity and safety improvements. The improvements included on the Central County AOB project list have been identified through a Transportation Needs Analyses conducted by DKS Associates, in which existing and anticipated future deficiencies were identified, including traffic congestion, roadway deficiencies, and safety improvements based upon current conditions, as well as travel demand forecast for 2040 conditions. The improvements proposed on the Central County AOB project list were refined through a cooperative effort between the Public Works Department and community input through workshops. The proposed improvements will be reviewed periodically to assess the impacts of changing travel patterns, the rate of development, and the accuracy of the estimated project costs. The periodic review of the program will also allow staff to evaluate project priority and the need to increase fees should project costs increase or exceed the rate of inflation. Development Program Report For the Central County Area of Benefit 5 OF 14 Table 1. Proposed Project List for Central County/South Walnut Creek AOB Program Roadway Project Recommended Project Basis for Recommendation Pleasant Hill Road WPH2 Bicycle Improvements Countywide Bicycle and Pedestrian Plan Reliez Valley Road WPH3 Bicycle Improvements Countywide Bicycle and Pedestrian Plan Taylor Boulevard WPH4 Safety Improvements Community Input Fish Ranch Road NL1 Safety Improvements Contra Costa County Standard Plans San Pablo Dam Road NL2/3 Roadway Safety Improvements Contra Costa County Standard Plans: CCTA’s Comprehensive Transportation Project List Bear Creek Road at Happy Valley Road NL5 Intersection Improvements Contra Costa County General Plan LOS Standards Pinehurst Road SL1 Bicycle Improvements Countywide Bicycle and Pedestrian Plan Ayers Road at Concord Avenue EC2 Intersection Improvements Contra Costa County General Plan LOS Standards Ayers Road at Laurel Avenue EC3 Intersection Improvements Contra Costa County General Plan LOS Standards Bailey Road at Myrtle Drive EC4/6 Intersection Improvements. Add Shoulder Contra Costa County Standard Plans: contra Costa County General Plan LOS Standards Las Juntas Road at Coggins Drive CCC1 Intersection Improvements Contra Costa County General Plan LOS Standards Development Program Report For the Central County Area of Benefit 6 OF 14 Buskirk Avenue CCC2 Roadway Improvements Contra Costa County General Plan LOS Standards Treat Boulevard CCC3/5 Complete Street Improvements Countywide Bicycle and Pedestrian Plan Treat Boulevard CCC4 Complete Street Improvements Countywide Bicycle and Pedestrian Plan Treat Boulevard at Jones Road CCC6 Intersection Improvements Contra Costa County General Plan LOS Standards Mayhew Way CCC8 Pedestrian Improvements Countywide Bicycle and Pedestrian Plan Olympic Boulevard at Boulevard Way/Tice Valley Boulevard SWC2 Intersection Improvements Contra Costa County General Plan LOS Standards Olympic Boulevard at Bridgefield Road SWC7 Intersection Improvements Community Input Olympic Boulevard SWC9 Bicycle and Pedestrian Improvements Olympic Corridor Trail Connector Study Dewing Lane SWC3 Connection of South Walnut Creek to Iron Horse Trail Community Input Tice Valley Boulevard SWC4 Complete Street Improvements Community Input Springbrook Road SWC6 Complete Street Improvements Community Input Boulevard Way SWC8 Sidewalk Project Community Input Carry-Over Projects from 1994/1995 AOB Project List Rudgear Road and San Miguel Drive SM1 Intersection Safety Improvements Carry-Over Project Development Program Report For the Central County Area of Benefit 7 OF 14 Walnut Boulevard SM2 Pedestrian Improvements Carry-Over Project Mountain View Boulevard SM3 Pedestrian Improvements Carry-Over Project San Miguel Drive SM4 Pedestrian Improvements Carry-Over Project Source: DKS Associates, 2018 Development Program Report For the Central County Area of Benefit 8 OF 14 Chapter 6: Development Potential The “Nexus Study: Central County Area of Benefit” (“Nexus Study”), dated April 2021, was prepared by DKS Associates in collaboration with Urban Economics for the Public Works Department and is attached as Exhibit D and incorporated herein by reference. The Nexus Study provides the technical basis for establishing the required nexus between the anticipated future development within the Central County AOB boundary and the need for certain facilities. The projected growth in households, employment, and vehicle-miles traveled within the Central County AOB is discussed and shown in the Nexus Study. A summary of the potential new residential dwelling units, office, industrial, and commercial/ retail developments (net growth from 2010 to 2040) for the unincorporated portion of AOB is shown in Table 2. Table 2. Development Potential Summary Land Use Category Units Single-Family Residential 304 dwelling units Multi-Family Residential 541 dwelling units Office 184,000 sq ft Industrial 146,000 sq ft Commercial/Retail 84,000 sq ft Development Program Report For the Central County Area of Benefit 9 OF 14 Chapter 7: Estimated Cost of Road Improvements The estimated cost of the road improvements planned for the Central County AOB is listed in Exhibit C. The Central County AOB will only finance the proportional share of the improvements necessitated by the impact on the road system from new development. Detailed cost estimates for the projects included in the road improvement plan are provided in Appendix C of the Nexus Study. The County will assess an administrative fee equal to 2% of the applicable fee. This additional fee will be used to cover staff time for fee collection, accounting, and technical support to the community groups and traffic advisory committees. Development Program Report For the Central County Area of Benefit 10 OF 14 Chapter 8: Method of Fee Apportionment The total estimated cost of the projects included in the Central County AOB project list is $71,494,000. The cost to accommodate new development within the Central County AOB is $5,865,871. There is an existing balance of $0. An adjusted project cost to be covered by the Central County AOB fees was determined by subtracting the existing fund balance from the attributable project cost. $5,865,871 - 0 = $5,865,871 (Attributable Project Cost) (Balance) (Adjusted Project Cost) This adjusted project cost represents the amount of revenue needed from the Central County AOB Fee to fund growth’s share of the project cost as shown in Exhibit C. The expected growth in the Central County AOB to the year 2040 is 304 single-family units, 541 multi-family units, 84,000 square feet of retail space, 184,000 square feet of office space, and 146,000 square feet of industrial space. To determine a fee rate per unit, first each development type is assigned a dwelling unit equivalent or “DUE” rate. DUEs compare the trip making characteristics of a land use in relation to a typical single-family residential unit, which is assigned a DUE of 1. Land uses with lower overall traffic impacts than a single family home are assigned values less than 1, and vice versa. The following Table shows the DUE rates for the various land use categories. Table 3. Dwelling Unit Equivalent (DUE) Rates Dwelling Unit Equivalent (DUE) Rates Land Use Category PM Peak Hour Trip Rate per Unit Trip Length (miles)2 Percent New trips2 VMT per Unit DUE per Unit Singe Family 1.01 Dwelling Unit 5.0 100 5.050 1.00 Multi-Family 0.62 5.0 100 3.100 0.61 Retail 4.10 Square Feet 2.3 76 7.167 0.00142 Office 1.40 4.5 92 5.796 0.00115 Industrial 0.98 5.1 92 4.598 0.00091 1 ITE Trip Generation 7th Edition 2 ITE Journal, May 1992 Source: DKS Associates, 2018 Development Program Report For the Central County Area of Benefit 11 OF 14 Table 4: Growth in DUEs Growth in DUEs Land Use Category Unit Growth in Units1 DUE per Unit Growth in DUEs Singe Family Dwelling Unit 304 1.00 304 Multi-Family 541 0.61 332 Retail Square Feet 84,000 0.00142 119 Office 184,000 0.00115 211 Industrial 146,000 0.00091 133 Total 1,099 1 See Table 2: “Summary of Estimated Development 2010 to 2040 Growth” Source: DKS Associates, 2016 The growth in DUEs for each land use and the total growth in DUEs is shown above in Table 4. Because the DUE rates are based on estimates of the average vehicle-miles of travel generated during the PM peak hours for each general land use type, the developments are charged fees in proportion to the amount of traffic impact they are projected to generate. In this way, the fees attributed to each new parcel will be proportional to the estimated benefits they receive through use of the new improvements. Finally, the Cost per DUE is found by dividing the total Cost of Improvements Allocated to AOB Growth by the total Growth in Dwelling Unit Equivalents (DUE's): $5,865,8711099 =$5,335 𝑝𝑝𝑝𝑝𝑝𝑝 𝐷𝐷𝐷𝐷𝐷𝐷 Development Program Report For the Central County Area of Benefit 12 OF 14 Chapter 9: Fee Rates Calculation of Fees The fee calculation is set forth in detail in the Nexus Study. To determine a maximum fee rate for each land use category, the Cost per DUE is multiplied by the DUE per unit. In the residential categories, this results in a fee per dwelling unit. In the non- residential categories, the fee is listed per square foot. These calculations are summarized in Table 5 below. Table 5: Fee Calculations Nexus-Based Fee Rates for Central County AOB Cost of Improvements Allocated to AOB Growth in Dwelling Unit Equivalents Cost per DUE $5,865,871 1099 $5,335.39 Land Use Units DUE per Unit Maximum Fee per Unit1 Single Family Multi-Family Retail Office Industrial Other Dwelling Unit Dwelling Unit Square Foot Square Foot Square Foot Dwelling Unit Equivalent 1.00 0.61 0.00142 0.00115 0.00091 1.00 $5,335 $3,275 $7.57 $6.12 $4.86 $5,335 1 Maximum Fee per Unit = (Cost per DUE) x (DUE per Unit) Source: DKS Associates, 2018 To determine the DUE for a development considered “Other,” the vehicle miles traveled (VMT) are first estimated using a combination of trip generation data, the default rate for trip length, and percent new trips. Development Program Report For the Central County Area of Benefit 13 OF 14 Chapter 10: Program Finance Considerations Other Funding Sources The improvements planned for the Central County AOB will be only partially funded by Central County AOB fee revenues. Other sources of funding, such as State or Federal aid, or local sources such as sales tax, gas tax, etc., will be pursued. These other funding sources include, but are not limited to, Regional Measure J Funds, State Transportation Improvement Program (STIP) Funds, and Federal Program Funds. The rate at which revenue is generated by the Central County AOB Fee depends on the rate of new development. This rate of revenue generation affects the timing of construction of the improvement projects because it is dependent upon the total amount of fees collected, less expenditures. Alternate sources of funding would permit construction of AOB projects sooner. Review of Fees Project cost estimates will be reviewed periodically while the Central County AOB is in effect. On January 1 of each year thereafter, the amount of the fees will be increased or decreased based on the percentage change in the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the 12-month period ending with the September 30th index of the previous calendar year, without further action of the Board of Supervisors. Collection of Fees Fees will be collected when a building permit is issued, in accordance with Section 913-4.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code. Fees collected will be deposited into an interest bearing trust fund established pursuant to Section 913-8.002 of the Contra Costa County Ordinance Code. Development Program Report For the Central County Area of Benefit 14 OF 14 Interest on Fees The interest accrued on the fees collected shall continue to accumulate in the trust account and shall be expended for construction of the improvements, or to reimburse the County for the cost of constructing the improvements, pursuant to Section 913-8.006 of the County Ordinance Code. Dedication in Lieu of Fee A development may be required to construct, or dedicate right-of-way for a portion of the improvements as a condition of approval. In such an event, the developer may be eligible to receive credit for the fee or reimbursement. The eligible credit and/or reimbursement shall be determined in accordance with the County’s “Traffic Fee Credit and Reimbursement Policy.” Development Program Report For the Central County Area of Benefit Exhibit A: Area of Benefit Boundary Legal Description The central portion of Contra Costa County, California, bounded on the north by Solano County, bounded on the southwest by Alameda County, and described as follows: Beginning in Suisun Bay on the boundary common to Contra Costa and Solano Counties at the Point of Beginning of "Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Area" adopted July 26, 1994 by Contra Costa County Board of Supervisors' Resolution No. 94/386, also being the northwest corner of "West Pittsburg Area of Benefit" adopted December 10, 1991 by Contra Costa County Board of Supervisors' Resolution No. 91/779; thence from the Point of Beginning along the boundary common to said adopted areas, southerly 7,410 feet, more or less, to the south right of way line of Contra Costa Canal on the west line of Section 8, Township 2 North, Range 1 West, Mount Diablo Meridian; thence continuing along the boundary of "West Pittsburg Area of Benefit," westerly, southerly, southeasterly, and easterly 26,000 feet, more or less, to its intersection with "Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Area" on the east line of Section 17 (T2N, R1W); thence along the boundary of "Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Area" in a general southeasterly and southerly direction 80,000 feet, more or less, to the southeast corner of Section 12, (T1S, R1W); thence along the south line of Section 12, westerly 4,400 feet, more or less, to the centerline of Mount Diablo Scenic Boulevard (South Gate Road); thence along said centerline in a general northerly direction 6,700 feet, more or less, to the centerline intersection of Summit Road and Mount Diablo Scenic Boulevard (North Gate Road); thence along the centerline of North Gate Road in a general westerly direction 12,400 feet, more or less, to the northwest line of Lot D, Rancho San Miguel Robert Allen Tract; thence along said northwest line, southwesterly 3,100 feet, more or less, to the southeast corner of that 787.58 acre parcel shown on the Record of Survey filed June 22, 1960 in Book 18 of Licensed Surveyors' Maps at page 39; thence along the boundary of said parcel, south 87°52'06" west 9,881.2 feet and north 6°08'40" west 2,389.28 feet, to the most southern corner of the Record of Survey filed August 27, 1970 in Book 53 of Licensed Surveyors' Maps at page 13; thence along the south line thereof, also being the south line of Rancho San Miguel, north 76°53'13" west 1,445.41 feet, to the most southern corner of Subdivision 6743 "Stonegate Unit 1" filed June 9, 1987 in Book 313 of Maps at page 28; thence along the boundary of Subdivision 6743, north 13°51'48" west 5,687.22 feet, south 73°16'01" west 4,566.44 feet, and south 21°53'15" east 3,423.26 feet, to the southeast corner of Subdivision 4924 "Hill and Dale, Unit 6" recorded May 18, 1977 in Book 196 of Maps at page 28; thence along the boundary of Subdivision 4924 in a general westerly direction 2,879.25 feet to the northeast corner of Subdivision 4402 recorded December 27, 1974 in Book 175 of Maps at page 25; thence along the boundary of Subdivision 4402, south 1°44'25" west 1,527.78 feet, to the northeast corner of Lot 37 in Subdivision 3973 recorded August 18, 1972 in Book 149 of Maps at page 20; thence along the east line of Subdivision 3973, south 1°44'25" west 1,015.1 feet, to the north right of way line of Livorna Road; thence continuing south 1°44'25" west 41.96 feet to the centerline of said road; thence along said centerline in a general westerly direction 890.41 feet to the southern prolongation of the west line Development Program Report For the Central County Area of Benefit of said Subdivision 3973; thence along said prolongation and west line, north 1°32'10" east 967.1 feet, to the southwest corner of Subdivision 4402 (175 M 25); thence along the west line of Subdivision 4402, north 1°32'10" east 1,063.35 feet, to the southeast corner of Subdivision 5931 recorded June 29, 1983 in Book 271 of Maps at page 21; thence along the boundary thereof, north 55°22'55" west 537 feet and in a general northwesterly direction 105.63 feet along Livorna Heights Road right of way line, to the southeast corner of Subdivision 5366 recorded March 25, 1980 in Book 236 of Maps at page 7; thence along the boundary of Subdivision 5366 in a general westerly direction 400.83 feet to the east line of Subdivision 3827 recorded June 11, 1969 in Book 126 of Maps at page 38; thence along said east line, south 1°31'55" west 942.5 feet, to the northeast corner of Subdivision 3037 recorded June 25, 1964 in Book 99 of Maps at page 30; thence along the boundary thereof in a general southerly direction 1,532.28 feet to the north right of way line of Livorna Road; thence along lot lines of Subdivision 3037 as follows: 1) in a general westerly direction 79.27 feet, 2) north 1°36'23" east 223.71 feet, 3) north 88°23'37" west 149.23 feet, 4) south 1°36'23" west 275.72 feet, and 5) south 72°23'20" west 272.09 feet; thence crossing Trotter Way, south 72°23'20" west 100 feet, more or less, to the south line of Lot 1 (99 M 30); thence continuing along lot lines of Subdivision 3037, south 72°23'20" west 145.74 feet, north 6°19'31" west 712.51 feet, and north 89°43'18" west 933.43 feet, to the south line of Subdivision 4810 filed September 23, 1976 in Book 189 of Maps at page 48; thence along said south line and the south line of that 24.71 acre Assessor Parcel Number (hereinafter referred to as APN) 187-160-013 described in Parcel Three in the deed to the City of Walnut Creek recorded July 5, 1984 in Volume 11867 of Official Records at page 965, north 89°43'18" west 944.73 feet, to the west line of Subdivision 6468 recorded January 8, 1982 in Book 286 of Maps at page 41; thence along the boundary thereof in a general southerly direction 828.77 feet to the east right of way line of Interstate Freeway 680; thence along said east line in a general northwesterly direction 2,259.08 feet; thence crossing said freeway, south 53°47'20" west 290 feet, more or less, to the west right of way line thereof; thence along said west line in a general northwesterly direction 1,209.59 feet to the most southeastern corner of APN 187-050-011 and 012 described as Parcel 1 in the deed to Edward Johannessen and Juliet Johannessen 1987 Revocable Living Trust recorded March 22, 1988 in Volume 14228 of Official Records at page 211; thence along the southerly portion of the boundary thereof in a general westerly direction 1,494.46 feet, more or less, to the west right of way line of Interstate Freeway 680; thence along said west line in a general northwesterly direction 836 feet, more or less, to the most eastern corner of APN 187-040-007 described as PARCEL 11 in the deed to Contra Costa County Flood Control and Water Conservation District recorded December 20, 1967 in Volume 5520 of Official Records at page 451; thence along the boundary of PARCEL 11, south 64°16'18" west 239.65 feet and in a general northerly direction 1,036.02 feet, to the northwest corner thereof; thence crossing Rudgear Road, northerly 245 feet, more or less, to the west line of APN 183-093-023 described in the deed to East Bay Municipal Utility District (hereinafter referred to as EBMUD) recorded January 5, 1968 in Volume 5530 of Official Records at page 93; thence along said west line, north 22°53'01" west 33.76 feet, to the southeast line of Southern Pacific Railroad right of way APN 183-093-031 described as PARCEL THIRTY- ONE in the deed to Contra Costa County recorded December 9, 1985 in Volume 12652 of Official Records at page 570, being a non-tangent curve concave to the northwest having a radius of 1,196 feet; thence along the arc of said curve, southwesterly 52 feet, more or less, to the centerline of Danville Boulevard; thence non-tangent along said centerline, crossing Engineer's Station 603+65, northerly 110 feet, more or less, to the northwest line of said County parcel, being a non-tangent Development Program Report For the Central County Area of Benefit curve concave to the northwest having a radius of 1,096 feet and being concentric with said southeast line; thence along the arc of said curve, southwesterly 52 feet, more or less, to the southeast corner of Subdivision MS 114-75 filed October 20, 1976 in Book 49 of Parcel Maps at page 19, also being on the west right of way line of South Main Street (shown as Danville Boulevard on said map); thence along said west line in a general northwesterly direction 560 feet more or less to the centerline of Crest Avenue; thence along said centerline in a general southwesterly direction 980 feet, more or less, to an angle point thereon at the southeast corner of Lot 22 in "Walnut Creek Park" filed February 6, 1911 in Book 4 of Maps at page 84; thence along the south lines of Lots 22 and 19 (4 M 84), westerly 908.6 feet, to the centerline of Meadow Road; thence along said centerline, southerly 256 feet, to the north line of Lot 4 (4 M 84); thence along said north line, westerly 392.1 feet, to the northwest line thereof; thence along said northwest line, southwesterly 11.2 feet, to the northwest line of Subdivision MS 88-72 filed July 27, 1972 in Book 23 of Parcel Maps at page 15; thence along said northwest line in a general southwesterly direction 294.26 feet, to the southwest corner thereof on the boundary of Subdivision MS 204-76 filed August 18, 1977 in Book 57 of Parcel Maps at page 14; thence along said boundary in a general southwesterly direction 576 feet to the most southern corner thereof, shown as a 2" x 2" hub on the boundary of Subdivision MS 5-80 filed November 5, 1985 in Book 119 of Parcel Maps at page 25; thence along the boundary of Subdivision MS 5-80 in a general southwesterly direction 395.69 feet to the most southern corner thereof, also being the northwest corner of Subdivision 61-74 filed March 21, 1975 in Book 37 of Parcel Maps at page 20; thence along the boundary of Subdivision MS 61-74, south 5°23'53" east 219.02 feet and south 28°21'07" west 34.67 feet, to the northwest right of way line of Tice Valley Boulevard; thence crossing said road, southeasterly 72 feet, more or less, to the north corner of Lot 1 in Tract 2304 recorded November 29, 1955 in Book 61 of Maps at page 50; thence along the boundary of Tract 2304, south 26°58'20" east 352.4 feet, north 54°48'26" east 83.47 feet, and south 20°42'50" east 60 feet, to the northwest corner of Subdivision MS 224-77 filed September 14, 1978 in Book 69 of Parcel Maps at page 43; thence along the boundary thereof, north 69°03'05" east 182.07 feet, north 68°55'37" east 27.18 feet, and in a general southerly direction 824.1 feet, to the northeast corner of Subdivision MS 45-88 filed February 25, 1990 in Book 145 of Parcel Maps at page 32; thence along the boundary thereof as follows: 1) in a general southerly direction 403.55 feet to the north line of Saddle Road, 2) south 70°40'24" east 130.84 feet, 3) south 22°30'17" east 71.29 feet to the most eastern corner of Subdivision MS 45-88; thence south 70°40'17" east 21.72 feet, more or less, to the centerline of Castle Hill Ranch Road (a private road) at the northeast corner of Lot "B" shown on the Record of Survey filed March 13, 1984 in Book 74 of Licensed Surveyors' Maps at page 12; thence along said centerline in a general southerly direction 907 feet, more or less, to the southwest corner of PARCEL B in Subdivision MS 133-72 filed September 7, 1972 in Book 24 of Parcel Maps at page 9; thence along the south line of PARCEL B, north 89°12'36” east 259.78 feet, to the boundary of Subdivision MS 58-75 recorded October 26, 1978 in Book 71 of Parcel Maps at page 23; thence along said boundary as follows: 1) north 0°36' east 41.92 feet, 2) south 89°12'12" east 176.01 feet to the northeast corner thereof, 3) in a general southerly direction 3,354.5 feet to the southeast corner thereof, and 4) south 87°05'11" west 274.17 feet; thence continuing south 87°05'11" west 300 feet to the centerline of Section 11 (T1S, R2W); thence along said centerline and the centerline of Section 14, southerly 6,663.66 feet, to the southwest corner of Subdivision 6419 "Alamo Ridge" filed July 28, 1988 in Book 323 of Maps at page 39; thence along the south line thereof, south 84°47'44" east 1,353.46 feet, to the northwest corner of Subdivision MS 150-75 filed June 14, 1976 Development Program Report For the Central County Area of Benefit in Book 45 of Parcel Maps at page 41; thence along the boundary thereof as follows: 1) south 0°39'40" east 1,233.72 feet, 2) south 84°17' east 2,622.91 feet, 3) north 76°18'50" east 481.39 feet, and 4) north 63°16' east 193.73 feet, to the northeast corner of APN 198-180-007 described as PARCEL TWO in the deed to East Bay Regional Park District (hereinafter referred to as EBRPD) recorded April 4, 1974 in Volume 7189 of Official Records at page 183; thence along the northeast line of PARCEL TWO, also being the boundary of Rancho San Ramon, southeasterly 4,840 feet, more or less, to the northeast corner of APN 199-010-012 described as PARCEL FIVE in said deed to EBRPD; thence along the northeast line of PARCEL FIVE in a general southeasterly direction 1,207.59 feet to the east line of that 13.19 acre APN 199-010-011 excepted from PARCEL FIVE in said deed to EBRPD and also described as PARCEL ONE in the deed to the United States of America recorded July 29, 1980 in Volume 9930 of Official Records at page 913; thence along said east line in a general southeasterly direction 192.27 feet to an angle point on the boundary of said PARCEL FIVE; thence along said boundary in a general southerly direction 2,325.7 feet to the northeast corner of Section 25 (T1S, R2W); thence along the east line of Section 25, southerly 2,640 feet, more or less, to the northeast corner of Subdivision MS 53-81 filed March 28, 1985 in Book 115 of Parcel Maps at page 14; thence along the north line of Subdivision MS 53-81, north 88°43'43" west 3,035.66 feet, to the northeast corner of Subdivision MS 28-82 filed November 21, 1983 in Book 108 of Parcel Maps at page 11; thence along the north line of Subdivision MS 28-82, north 88°47'23" west 1,062.06 feet, to the northwest corner thereof; thence north 88°43'05" west 1,063.84 feet, to the west quarter corner of said Section 25; thence along the west line of Section 25, northerly 2,640 feet, more or less, to the northeast corner of Section 26 (T1S, R2W); thence along the north lines of Sections 26, 27, and 28 (T1S, R2W), westerly 15,840 feet, more or less, to the northwest corner of Section 28, also being the northeast corner of APN 258-310-002 shown on the Record of Survey filed June 20, 1980 in Book 67 of Licensed Surveyors' Maps at page 9; thence along the boundary thereof as follows: 1) south 0°27'37" east 1,306.53 feet, 2) south 88°43'10" west 1,290.34 feet, 3) south 0°15'06" east 1,303.04 feet, and 4) south 88°52'39" west 513.17 feet, to the boundary of Rancho Laguna de los Palos Coloradas; thence along said rancho boundary, south 1°13'26" west 929.81 feet, to rancho corner P.C. No. 32 shown on said map (67 LSM 9); thence continuing along said rancho boundary, south 19°28'45" west 3,547.16 feet, to rancho corner P.C. No. 31 (67 LSM 9) on the boundary common to Contra Costa and Alameda Counties; thence along said county boundary in a general northwesterly direction 56,700 feet, more or less, to Mount Diablo Base Line; thence along said base line, easterly 2,600 feet, more or less, to the east corner of Lot 55 of said rancho, also being the east corner of APN 267-010-009 described in the deed to EBRPD recorded July 24, 1940 in Volume 541 of Official Records at page 271; thence along the northeast line of said EBRPD parcel, northwesterly 551.76 feet, to the "FOUND 2" x 2" REDWD.STAKE & TACK" shown on the Record of Survey filed October 3, 1968 in Book 51 of Licensed Surveyors' Maps at page 23; thence north 25°10'15" west 140.66 feet and north 22°12'20" west 152.07 feet to the northwest corner of PARCEL "A" (51 LSM 23), also being the southwest corner of that 63.7 acre APN 267-020-005 described in the deed to Johnson Orinda Ranch Inc. recorded April 23, 1981 in Volume 10294 of Official Records at page 858; thence in a general northerly direction 3,132 feet, more or less, along said west line thereof and the west line of APN 267-020-004 described in the deed to Theodore S. Urban et al. recorded December 24, 1985 in Volume 12675 of Official Records at page 199, to the northwest corner of said Urban parcel; thence continuing along the boundary of said Urban property (12675 O.R 199), being common with the boundary of APN 267-030-020 conveyed by East Bay Water Company to Development Program Report For the Central County Area of Benefit EBMUD recorded December 8, 1928 in Volume 163 of Official Records at page 90, as follows: 1) north 54°07'50" east 3,208.3 feet, 2) south 63°03' east 257.1 feet, 3) north 54°07'50" east 478.5 feet, and 4) south 30°53' east 998.4 feet, to the most eastern corner of APN 267-020-007 described in said Urban deed (12675 O.R. 199); thence leaving the boundary of said Urban property and continuing along said EBMUD boundary as follows: 1) south 30°53' east 99.2 feet, 2) in a general northeasterly direction 2,000 feet, more or less, to the southwest right of way line of Camino Pablo, and 3) along said southwest line in a general northwesterly direction 1,620 feet, more or less, to an angle point; thence along the prolongation of said southwest line, northwesterly 140 feet, more or less, to the prolongation of the northwest right of way line of Bear Creek Road; thence along said prolongation and northwest line in a general northeasterly direction 1,450 feet, more or less, to the southeast corner of APN 267-030-013 described as PARCEL ONE in the deed to EBMUD recorded February 9, 1990 in Volume 15650 of Official Records at page 239; thence along the boundary of PARCEL ONE in a general westerly, northwesterly and northeasterly direction 3,900 feet, more or less, to the west right of way line of Bear Creek Road; thence northeasterly 40 feet, more or less, to the east right of way line thereof; thence along said east line in a general northeasterly direction 3,150 feet, more or less, to the southern prolongation of the east line of said EBMUD parcel (163 O.R. 90); thence along said prolongation and east line, northerly 2,450 feet, more or less, to the northeast corner thereof on the east line of Rancho El Sobrante; thence along the east line of said rancho, northerly 8,236.46 feet, to the northwest corner of APN 267-100-001 described in the Final Order of Condemnation by EBMUD recorded January 6, 1964 in Volume 4525 of Official Records at page 853, also being the southwest corner of "Garcia Ranch" filed December 10, 1914 in Book 12 of Maps at page 268; thence along the boundary of "Garcia Ranch" as follows: 1) along the north line of said EBMUD parcel, easterly 2,008.42 feet, to the northwest corner of APN 267-110-005 described in the deed to John J. Naylor et ux. recorded September 8, 1981 in Volume 10481 of Official Records at page 551, 2) along the north line thereof, easterly 2,626 feet, more or less, to the northwest corner of Subdivision 118-76 filed January 26, 1977 in Book 51 of Parcel Maps at page 39, 3) along the north line thereof, north 89°39'09" east 6,743.17 feet, to the boundary of APN 365-200-010 described in the deed to EBRPD recorded March 28, 1966 in Volume 5086 of Official Records at page 467, 4) along said boundary easterly 419.5 feet, northerly 558.81 feet, and easterly 784.67 feet, to the southwest corner of APN 365-200-002 described as PARCEL TWO in the deed to EBRPD recorded February 7, 1966 in Volume 5052 of Official Records at page 508, 5) along the west line thereof, northerly 723.83 feet, to the south corner of APN 365-200-001 described as PARCEL FOUR in said deed (5052 O.R. 508), and 6) along the boundary of PARCEL FOUR in a general northerly direction 2,061.71 feet, to the west corner thereof; thence leaving the boundary of "Garcia Ranch" and continuing along the boundary of said PARCEL FOUR in a general easterly direction 5,291.22 feet to the northwest corner of APN 365-200-003 described as PARCEL ONE in said deed (5052 O.R. 508); thence along the boundary of PARCEL ONE in a general easterly direction 2,310.11 feet to the northwest corner of APN 365-200-004 described as PARCEL THREE in said deed (5052 O.R. 508); thence along the boundary of PARCEL THREE in a general easterly direction 2,885.21 feet to the northwest corner of APN 365-200-005 described as PARCEL FIVE in said deed (5052 O.R. 508); thence along the boundary of PARCEL FIVE in a general easterly direction 2,375.53 feet to the most southern corner of APN 365-180-004 described in the Final Order of Condemnation by EBRPD recorded March 15, 1965 in Volume 4823 of Official Records at page 139, also being on the east line of Rancho Boca de la Canada de Pinole; thence along the boundary of said condemnation parcel, Development Program Report For the Central County Area of Benefit northerly 3,198.15 feet and northeasterly 3,061.66 feet, to the southwest corner of Subdivision MS 37-88 filed December 14, 1989 in Book 144 of Parcel Maps at page 14; thence along the boundary thereof, north 0°59'55" east 1,459.73 feet and south 88°50'38" east 511.03 feet, to the southwest corner of Subdivision 6769 filed October 13, 1988 in Book 326 of Maps at page 22; thence along the boundary of Subdivision 6769, north 1°41'08" east 865.96 feet and in a general northeasterly direction 2,532.69 feet; thence north 64°48'04" east 50 feet, more or less, crossing Reliez Valley Road, to the southwest line of the property delineated on the map filed April 28, 1978 in Book 65 of Parcel Maps at page 19; thence along said southwest line in a general southeasterly direction 460 feet, more or less, to the most southern corner thereof, also being the southwest corner of Subdivision 3543 filed November 16, 1966 in Book 113 of Maps at page 31; thence along the boundary of Subdivision 3543 as follows: 1) north 0°47'14" east 466.07 feet, 2) north 6°23'45" west 231.57 feet, 3) north 47°51'23" east 222.37 feet, 4) south 10°14'43" east 352.52 feet, 5) north 79°51'46" east 727.49 feet, and 6) south 19°26'31" east 1,052.81 feet, to the northeast corner of Subdivision 5157 filed September 21, 1978 in Book 217 of Maps at page 16; thence along the east line of Subdivision 5157, south 19°25'03" east 255.64 feet, to the northeast corner of Lot 28 in Subdivision 3114 "Walnut Hills Country Club Estates" recorded October 9, 1963 in Book 95 of Maps at page 33; thence along the boundary of Subdivision 3114, south 19°27'29" east 142 feet and south 89°52'20" east 217.75 feet, to the northwest corner of Subdivision 7243 "Pleasant Hill Country Club" filed July 30, 1992 in Book 362 of Maps at page 36; thence along the boundary of Subdivision 7243, south 89°59' east 779.35 feet, to the northwest corner of Subdivision 3812 "Shannon Hills Unit 3" filed March 15, 1972 in Book 144 of Maps at page 45; thence along the north line of Subdivision 3812, south 89°37'46" east 1,161.41 feet, to the northwest corner of Subdivision 3779 "Shannon Hills Unit 2" recorded November 13, 1968 in Book 125 of Maps at page 3; thence along the boundary of Subdivision 3779, south 89°37'46" east 836.89 feet and north 53°46'24" east 63.51 feet, to the west corner of Lot 2 in Subdivision 3274 "Shannon Hills Unit 1" recorded September 26, 1969 in Book 117 of Maps at page 27; thence along the boundary of Subdivision 3274, north 53°46'24" east 78.11 feet and north 36°07'09" east 90.28 feet, to the most western corner of Subdivision 3313 recorded February 3, 1965 in Book 102 of Maps at page 14; thence along the boundary of Subdivision 3313 as follows: 1) north 28°54'55" east 205.51 feet, 2) north 0°08' 52" east 172.84 feet, 3) south 85°42'23" east 110.29 feet, and 4) north 54°29'37" east 44.2 feet, to the northeast corner thereof; thence continuing north 54°29'37" east 80 feet, more or less, to the northeast right of way line of Alhambra Avenue; thence along said northeast line in a general northwesterly direction 660 feet, more or less, to the northwest right of way line of Paso Nogal as said road is shown on the map filed September 30, 1968 in Book 5 of Parcel Maps at page 41; thence along said right of way in a general northeasterly and northerly direction 730 feet, more or less, to the northeast corner of Parcel "B" (5 PM 41), also being the southeast corner of Subdivision 4988 "Hillside Park" recorded November 13, 1978 in Book 219 of Maps at page 11; thence along the south line of Subdivision 4988, north 89°27'20" west 412.24 feet, to the northeast right of way line of Alhambra Avenue; thence along said northeast line in a general northwesterly direction 4,900 feet, more or less, to the southeast corner of the Record of Survey filed September 18, 1967 in Book 49 of Licensed Surveyors' Maps at page 31; thence along the boundary thereof, north 20°10'53" east 656.87 feet and north 61°08'20" west 419.07 feet, to north corner thereof on the boundary of Subdivision 3556 "Valley High Unit II" filed August 21, 1968 in Book 122 of Maps at page 27; thence along the boundary of Subdivision 3556, north 21°29'51" west 121.1 feet and Development Program Report For the Central County Area of Benefit north 47°22'59" east 1,336.63 feet, to the most western corner of Subdivision 5132 "Valley High Unit 2" filed December 1, 1981 in Book 261 of Maps at page 7; thence along the boundary of Subdivision 5132, north 47°22'59" east 374.11 feet, south 89°09'34" east 1,322.61 feet, and south 87°33'13" east 286.28 feet; thence easterly 660 feet to the northwest corner of Subdivision 5126 "Diablo Valley Estates Unit 1" filed February 15, 1978 in Book 208 of Maps at page 1; thence along the boundary thereof, south 87°46'18" east 479.86 feet, north 8.16 feet, and north 89°44'06" east 1,227.72 feet; thence easterly 537.41 feet to the north line of Subdivision MS 12-79 filed September 5, 1980 in Book 89 of Parcel Maps at page 6; thence along said north line, easterly 725 feet, more or less, to the southwest corner of Subdivision 4964 "Hidden Lakes Unit 3" filed July 9, 1979 in Book 226 of Maps at page 30; thence along the boundary of Subdivision 4964, north 89°37'28" east 598.94 feet and north 1°04'01" east 682 feet, to the southeast corner of Subdivision 6313 "Hidden Lakes Unit 8" filed June 6, 1983 in Book 270 of Maps at page 20; thence along the east line of Subdivision 6313, north 1°04'02" east 738 feet, to the northeast corner; thence south 88°55'05" east 170 feet to the west right of way line of High Street; thence along said west line, northerly 95 feet, more or less, to the south corner of PARCEL 1 shown on the Record of Survey filed June 9, 1962 in Book 20 of Licensed Surveyors' Maps at page 15; thence along Contra Costa Canal right of way shown as U.S.A. (461 O.R. 391) on said map, north 57°42' west 116.83 feet and north 1° 48' west 250.5 feet, to a concrete monument (20 LSM 15); thence continuing along said canal right of way in a general northerly direction 813.41 feet to the south right of way line of Center Avenue; thence along said south line in a general easterly direction 970 feet, more or less, to the southern prolongation of the west line of Tract 2024 recorded March 24, 1955 in Book 57 of Maps at page 26; thence along said prolongation, north 0°14'50" east 80 feet, more or less, to said west line; thence along the boundary of Tract 2024, north 0°14'50" east 560.61 feet, south 89°59'39" west 79.01 feet, and north 54°51'15" west 62.93 feet, to the south corner of Tract 2632 recorded August 7, 1958 in Book 70 of Maps at page 34; thence along the boundary of Tract 2632, north 54°51'15" west 50 feet and north 24°23'13" west 305.28 feet, to the southwest corner of Lot 87 in Tract 2024 (57 M 26); thence along the boundary of Tract 2024 in a general northerly direction 634.69 feet and north 88°28'58" east 25.83 feet to the southwest corner of "Beckett Acres Unit No. 2" recorded April 22, 1954 in Book 53 of Maps at page 37; thence along the boundary of "Beckett Acres Unit No. 2" in a general northerly direction 1,397.65 feet to the southwest corner of APN 125-193-028 described in the Partial Release and Reconveyance to Contra Costa County Water District recorded February 17, 1961 in Volume 3807 at page 278; thence along the west line thereof, northerly 44 feet; thence crossing Vine Hill Road, northerly 41 feet, more or less, to the southwest corner of that 2.25 acre APN 125-200-001 described as PARCEL 1 in the Final Order of Condemnation by the State of California recorded March 20, 1958 in Volume 3137 of Official Records at page 554; thence along the northwest line thereof, north 33°40' east 271.4 feet; thence along the City of Martinez boundary, northeasterly 250 feet, more or less, to the centerline of State Highway Route 4; thence along said centerline in a general easterly direction 5, 925 feet, more or less, to the centerline of Walnut Creek Flood Control Channel being a non-tangent curve concave to the southwest having a radius of 5,000 feet; thence along the arc of said curve northwesterly 460 feet, more or less, to its terminus, distant north 56°15'04" east 208 feet from Contra Costa County Flood Control and Water Conservation District Monument #68108; thence continuing along said centerline in a general northerly direction 20,262.54 feet, to its outfall in Suisun Bay; thence north 23°28'34" west 1,150 feet, more or less, to the boundary Development Program Report For the Central County Area of Benefit common to Contra Costa and Solano Counties; thence along said boundary in a general easterly direction 27,000 feet, more or less, to the Point of Beginning. Development Program Report For the Central County Area of Benefit Exhibit B: Area of Benefit Boundary Map Development Program Report For the Central County Area of Benefit Exhibit C: Road Improvement Plan – Project List with Associated Costs Allocation of Project Costs to Central County AOB Program Recommended Project Estimated Total Cost Percent Allocated to AOB Cost allocated to AOB Pleasant Hill Road Pedestrian and Bicycle Improvements $2,754,000 8.25% $227,297 Reliez Valley Road Bicycle Improvements $7,284,000 8.25% $601,173 Taylor Blvd and Gloria Terrace Intersection Safety Improvements $2,504,000 8.25% $206,663 Fish Ranch Road Safety Improvements $5,818,000 8.25% $479,985 San Pablo Dam Road Safety Improvements $3,036,500 2.36% $71,744 San Pablo Dam Road Bicycle Improvements $3,036,500 8.25% $250,612 Bear Creek Road and Happy Valley Road Intersection Improvements $21,000 2.83% $594 Pinehurst Road Bicycle Improvements $1,974,000 8.25% $162,921 Ayers Road and Concord Avenue Intersection Improvements $661,000 6.12% $40,456 Ayers Road and Laurel Avenue Intersection Improvements $1,471,000 1.78% $26,143 Development Program Report For the Central County Area of Benefit Bailey Road and Myrtle Drive Intersection Improvements $638,000 0.44% 2,805 Bailey Road Shoulder $606,000 8.25% 49,995 Las Juntas Road Intersection Improvements $858,000 84.17% $722,156 Buskirk Avenue Roadway Improvements $2,995,000 3.29% $98,540 Treat Boulevard Bicycle and Pedestrian Improvements $3,045,000 8.25% $251,314 Treat Boulevard Bicycle Improvements $3,376,000 8.25% $278,632 Treat Boulevard and Jones Road Intersection Improvements $1,442,000 2.97% $42,895 Mayhew Way Pedestrian Improvements $988,000 8.25% $81,543 Olympic Boulevard and Boulevard Way/Tice Valley Boulevard Intersection Improvements $1,048,000 1.66$ $17,402 Olympic Boulevard and Bridgefield Road Intersection Improvements $845,000 2.00$ $16,926 Olympic Boulevard Pedestrian and Bicycle Improvements $3,984,000 8.25% $328,813 Dewing Lane Pedestrian Bridge over Las Trampas Creek $7,502,000 8.25% $619,165 Tice Valley Boulevard Bicycle and Pedestrian Improvements $5,804,000 8.25% $479,023 Development Program Report For the Central County Area of Benefit Springbrook Road Bicycle and Pedestrian Improvements $5,976,000 8.25% $493,219 Boulevard Way Sidewalk Project $3,827,000 8.25% $315,855 Total: $71,949,000 8.20% $5,865,871 Allocation of Carry Over Project Costs to be Funded with Existing Balance Rudgear Road and San Miguel Drive Intersection Safety Improvements $3,588,000 8.25% $294,130 Walnut Boulevard Pedestrian Improvements $4,001,000 8.25% $330,216 Mountain View Boulevard Pedestrian Improvements $3,470,000 8.25% $286,391 San Miguel Drive Pedestrian and Bicycle Improvements $9,079,000 8.25% $749,320 Total: $20,138,000 8.25% $1,662,056 Source: DKS Associates, 2018 Development Program Report For the Central County Area of Benefit Exhibit D: Nexus Study - Central County Area of Benefit Exhibit D Attached as Separate Document Nexus StudyCentral County Area of Benet Prepared For:Contra Costa CountyPublic Works Department March 2021 Prepared By: in association with Urban Economics Nexus Study - Central County AOB Program Nexus Study Central County Area of Benefit Program Nexus Study - Central County AOB Program (this page has been left blank intentionally) Nexus Study - Central County AOB Program i Table of Contents 1. Introduction ........................................................................................................................................... 1 1.1 Background and Purpose .............................................................................................................. 1 1.2 Central County AOB ..................................................................................................................... 1 2. Evaluation of Current AOB Program .................................................................................................... 2 3. Determination of AOB Development Potential .................................................................................... 6 4. Transportation Needs Analysis ............................................................................................................. 7 4.1 Traffic Count Data ........................................................................................................................ 8 4.3 Travel Demand Forecasting .......................................................................................................... 8 4.4 Roadway/Intersection Analysis ..................................................................................................... 8 4.5 Pedestrian, Bicycle and Transit Infrastructure Needs Analysis .................................................. 29 4.6 Selected Project List.................................................................................................................... 29 5. Improvement Cost Estimates .............................................................................................................. 30 6. Basis for Allocating Costs to New Development ............................................................................... 39 6.1 Improvements to Meet County LOS Standards .......................................................................... 39 6.2 Widening to Meet Roadway Pavement Width Standards ........................................................... 39 6.3 Bikeway and Walkway Improvements ....................................................................................... 41 6.4 Summary of Cost Allocation ....................................................................................................... 42 7. Method for Calculating Fees ............................................................................................................... 46 8. Nexus Analysis ................................................................................................................................... 47 8.1 Purpose of fee ............................................................................................................................. 48 8.2 Use of Fees .................................................................................................................................. 48 8.3 Relationship between use of Fees and Type of Development .................................................... 48 8.4 Relationship between Need for Facility and Type of Development ........................................... 48 8.5 Relationship between Amount of Fees and the Cost of Facility Attributed to Development upon which Fee is Imposed .............................................................................................................................. 49 8.6 Current AOB Fund Balance ........................................................................................................ 49 Appendices Appendix A - Cost Estimates for Specific Projects to be Completed from the 1994/1995 Central County AOB Project List Nexus Study - Central County AOB Program ii Appendix B - Cost Estimates for Selected Projects in Central County AOB List of Tables Table 1: 1994/1995 Project List for Central County and South Walnut Creek AOB Programs ................... 3 Table 2: Specific Projects to be Completed from the 1994/1995 AOB Project List .................................... 3 Table 3: Estimated Development Potential for Central County/South Walnut Creek .................................. 7 Table 4: Intersection Level of Service Analysis ........................................................................................... 9 Table 5: Roadway Segment Level of Service Analysis .............................................................................. 11 Table 6: Two Lane Rural/Lane Widths Contra Costa Public Works Department Standard Plans ............. 29 Table 7: Selected Central County/South Walnut Creek AOB Project List ................................................. 30 Table 8: Cost Allocation Analysis for Central County AOB Project List - Level of Service Improvements .................................................................................................................................................................... 40 Table 9: Cost Allocation Analysis for Central County AOB Project List - Bicycle & Pedestrian Improvements ............................................................................................................................................. 41 Table 10: Allocation of Project Costs to Central County AOB Program ................................................... 43 Table 11: Dwelling Unit Equivalent (DUE) Rates ..................................................................................... 46 Table 12: Growth in DUEs ......................................................................................................................... 47 Table 13: Nexus-Based Fee Rates for Central County AOB ...................................................................... 47 List of Figures Figure 1: Central County AOB Boundary .................................................................................................... 4 Figure 2: Remaining Projects from the 1994/1995 AOB Project List to be Funded .................................... 5 Figure 3: Existing Levels of Service in Central County AOB – West Pleasant Hill .................................. 15 Figure 4: 2040 Levels of Service in Central County AOB – West Pleasant Hill ....................................... 16 Figure 5: Existing Levels of Service in Central County AOB – Northwest Lamorinda ............................. 17 Figure 6: 2040 Levels of Service in Central County AOB – Northwest Lamorinda .................................. 18 Figure 7: Existing Levels of Service in Central County AOB – Southwest Lamorinda ............................. 19 Figure 8: 2040 Levels of Service in Central County AOB – Southwest Lamorinda .................................. 20 Figure 9: Existing Levels of Service in Central County AOB – East Concord .......................................... 21 Figure 10: 2040 Levels of Service in Central County AOB – East Concord .............................................. 22 Figure 11: Existing Levels of Service in Central County AOB – Contra Costa Centre ............................. 23 Figure 12: 2040 Levels of Service in Central County AOB – Contra Costa Centre ................................... 24 Figure 13: Existing Levels of Service in Central County AOB – South Walnut Creek ............................. 25 Figure 14: 2040 Levels of Service in Central County AOB – South Walnut Creek ................................... 26 Figure 15: Existing Levels of Service in Central County AOB – San Miguel ........................................... 27 Figure 16: 2040 Levels of Service in Central County AOB – San Miguel ................................................. 28 Figure 17: Selected Projects for Central County AOB Program – West Pleasant Hill ............................... 33 Figure 18: Selected Projects for Central County AOB Program – Northwest Lamorinda ......................... 34 Figure 19: Selected Projects for Central County AOB Program – Southwest Lamorinda ......................... 35 Figure 20: Selected Projects for Central County AOB Program – East Concord ....................................... 36 Figure 21: Selected Projects for Central County AOB Program – Contra Costa Centre ............................ 37 Figure 22: Selected Projects for Central County AOB Program – South Walnut Creek ............................ 38 Nexus Study - Central County AOB Program 1 1. Introduction 1.1 Background and Purpose The purpose of the Central County Area of Benefit (AOB) Program is to help fund improvements to the County’s roadway, bicycle and pedestrian facilities needed to accommodate travel demand generated by new land development within the unincorporated portion of this AOB. Contra Costa County has various methods for financing transportation improvements. One of the methods is the AOB Program. The AOB Program collects funds from new development in the unincorporated portion of the AOB to finance a portion of the transportation improvements associated with travel demand generated by that development. Fees are differentiated by type of development in relationship to their relative impacts on the transportation system. The intent of the AOB program is to provide an equitable means of ensuring that future development contributes its proportional share of the cost of transportation improvements, so that the County’s General Plan Circulation policies and quality of life can be maintained. One of the objectives of the County General Plan is to relate new development directly to the provision of community facilities necessary to serve that new development. Accordingly, there is a mechanism in place to provide the funding for the infrastructure necessary to serve that development. The Central County AOB Program is a fee mechanism providing funds to construct transportation improvements to serve new residential, commercial and industrial development within the AOB. Requiring that all new development pay a transportation improvement fee ensures that it participates fairly in the cost of improving the transportation system. This Program applies only to new development within the unincorporated portions of Central County. Each new development project or expansion of an existing development will generate new travel demand for all travel modes. Where the existing transportation system is inadequate to meet future needs based on new development, improvements are required to meet the new demand. The purpose of this development program is to determine improvements that will ultimately be needed to serve estimated future development and to require the developers to pay a fee to fund its proportional share of the cost of these improvements. Because the fee is based on the relative impact of new development on the transportation system and the costs of the necessary improvements to mitigate this impact, the fee amount is roughly proportional to the development impact. This Nexus Study establishes this impact and mitigation relationship to new development and the basis for the fee amount. 1.2 Central County AOB The Central County AOB covered by this Nexus Study represents a consolidation of two AOBs: Central County and South Walnut Creek. An initial countywide Area of Benefit for the unincorporated portions of Contra Costa County was adopted by the Board of Supervisors on March 15, 1988. The original countywide Area of Benefit consisted of seven regions: West County, Central County, Lamorinda, Alamo, South County, East County and Bethel Island. The Central County region was divided into four subareas: Briones, Martinez, Central County and South Walnut Creek. Over the next ten years, Areas of Benefit were developed for each of the subregions. On December 6, 1994 the Board of Supervisors passed a resolution forming the South Walnut Creek Area of Benefit and on June 13, 1995 passed a resolution forming the Central County Area of Benefit. At the time the Central and South Walnut Creek AOBs were adopted, there were many vacant parcels in the area with potential for residential and commercial development, and the existing transportation system was inadequate to handle the additional traffic generated from the projected development. Nexus Study - Central County AOB Program 2 Over the past 27 years, Area of Benefit fees have helped pay for improvements in the Central County and South Walnut areas. Today, most of the development potential in these two AOBs would be from in-fill development representing less than ten percent increase in residential units and less than twenty percent increase in commercial floor space. To maintain flexibility on how to respond to the transportation mitigation needs for new development, the County staff recommends combining the Central County and South Walnut Creek AOBs into a single AOB referred to as Central County. The Central County area has, in recent years, experienced changes in the area's circulation needs and development potential. Most of the residential development potential has been fulfilled, and some of the original Area of Benefit projects have been constructed. These changes have prompted another revision to the Area of Benefit program, resulting in a new project list and fee schedule. The purpose of this Nexus Study is to provide the technical basis for a comprehensive update of the Central County AOB Program. The focus of the updated program is to support a multi-modal transportation system in the Central County AOB that serves the expected future demand based on changes in regional and local land use projections, planned and approved development projects, and associated changes to capital improvements and updated cost estimates. This report documents the analytical approach for determining the nexus between the fees, the local impact created by new development in the Central County AOB, and the transportation improvements to be funded with fee revenues to mitigate transportation impacts. A traffic and fair-share cost analysis was conducted to equitably distribute the costs of the necessary improvements to developments that cause the impacts, in accordance with the provisions of the Mitigation Fee Act.1 The most up-to-date versions of the analytical tools and techniques available at the time this study commenced were used to ensure the highest level of consistency with current standards. The Central County AOB boundary is shown in Figure 1. The area within the boundary includes a portion of the cities of Pleasant Hill, Walnut Creek, Concord, Clayton Lafayette, Moraga, and Orinda. However, fees will only be collected within the unincorporated portions of the AOB and will only fund projects within the unincorporated portions of the AOB. 2. Evaluation of Current AOB Program The current South Walnut Creek AOB and Central County AOB Programs were last updated in 1994 and 1995, respectively. The current project list for these two AOBs, shown in Table 1, has eight projects, which were estimated in 1995 to cost about $9.5 million, of which $7.7 million was to be funded by the AOB Program. Most of these have been completed or have had funds dedicated to completing them. The others are no longer being considered for implementation. The safety improvements on Rudgear Road, San Miguel Drive, Walnut Boulevard, and Mountain View Boulevard will be funded from the existing account balance. A more detailed listing of these projects and the estimated cost of each is provided in Table 2. The locations of the projects are shown in Figure 2. More detail on the nature and expected cost of these projects is provided in Appendix A. The 2017 update of the Central County AOB Program has included a new needs analysis as the basis of an updated project list of new projects and cost estimates, which are described in Sections 3, 4 and 5 of this Nexus Study. 1 California Government Code, Sections 66000 through 66026. Nexus Study - Central County AOB Program 3 Table 1: 1994/1995 Project List for Central County and South Walnut Creek AOB Programs Project/Roadway Location Recommended Project Estimated Project Cost (1995 Dollars) Project Cost to be Funded by AOB (1995 Dollars) Taylor Blvd Pleasant Hill Rd to Boyd Rd Safety and capacity improvements $670,000 $670,000 Pleasant Hill Rd/Taylor Blvd Intersection Safety and capacity improvements $2,000,000 $2,000,000 Bailey Rd Bridge Remove and replace existing bridge. New bridge adequate for standard two-lane arterial $200,000 $200,000 Rudgear Rd, San Miguel Dr, Walnut Blvd, Mountain View Blvd Safety improvements $350,000 $350,000 San Pablo Dam Rd/Bear Creek Rd Intersection Construct Signal $60,000 $60,000 Paso Nogal/Golf Club Rd Intersection Improve intersection $70,000 $70,000 Evora Rd Extension Willow Pass Rd to Port Chicago Hwy Construct new road $3,350,000 $3,350,000 Olympic Blvd Tice Valley Blvd to I-680 Widen Roadway $2,800,000 $1,000,000 Total $9,500,000 $7,700,000 Source: Contra Costa County, 1994 and 1995 Table 2: Specific Projects to be Completed from the 1994/1995 AOB Project List Roadway Project Location Recommended Project Estimated Project Cost Rudgear Rd SM1 Intersection at San Miguel Dr Intersection safety improvements $3,588,000 Walnut Blvd SM2 View lane to 250’ northwest of Walnut Ct Pedestrian improvements $4,001,000 Mountain View Blvd SM3 Blackwood Dr to Walnut Blvd Pedestrian improvements $3,470,000 San Miguel Dr SM4 Rudgear Rd to Blackwood Dr Pedestrian and bicycle improvements $9,079,000 Total $20,138,000 Source: DKS Associates, 2021 Nexus Study - Central County AOB Program 4 Figure 1: Central County AOB Boundary Nexus Study - Central County AOB Program 5 Figure 2: Remaining Projects from the 1994/1995 AOB Project List to be Funded Nexus Study - Central County AOB Program 6 The current AOB Program uses “peak hour factors” to allocate trips by land use types based on Institute of Transportation Engineers (ITE) trip generation rate estimates for the evening (PM) peak hour based on the amount of traffic coming in and out of development’s entrances. This Nexus Study refines this approach to reflect current best practices for impact fee programs when estimating the impact of new development on the transportation system. The use of simple trip generation rates tends to over-estimate the traffic impact of retail development on the overall roadway system. The average length of trips coming in and out of a new residential development is longer than trips coming in and out of a retail development. Furthermore, studies show that about 25 to 50 percent of the trips that will go in and out of a new retail development will already be traveling on roadways near that development, and thus are “pass-by” or “diverted” trips, not “new trips” to the surrounding roadway system. All of the trips going to and from a new residential unit are “new trips”. To integrate best practices for the current fees, the updated Central County AOB Program will instead use estimates of vehicle-miles of travel (VMT) added by new development. The VMT rates multiply the trip rate for a land use type by its average trip length and also use percentages to reflect “pass-by trips” versus “new trips.” The calculation of fee rates based on this methodology is discussed in Section 4 of this study. 3. Determination of AOB Development Potential The transportation needs analysis and allocation of improvement costs for the Central County AOB is based on the countywide travel demand model developed by the Contra Costa Transportation Agency (CCTA) using a 2040 horizon year. The calculation of fees is based on the following general land use categories and associated measurement units that are used as a basis for the land use inputs in CCTA’s travel demand model: __Land Use Type__ _____Units_____ Single-Family Dwelling units (DU) Multi-Family Dwelling units (DU) Commercial/Retail Jobs Office Jobs Industrial Jobs CCTA’s latest land use estimates of existing conditions and 2040 forecasts of new development by Traffic Analysis Zones (TAZs) in the AOB were summarized and reviewed with County Planning staff. Based on that review, adjustments were made and the resulting growth estimate for the AOB is summarized in Table 3. The table converts the estimates of jobs for nonresidential land uses used by the CCTA’s model to estimates of building square feet used in the AOB fee program. Nexus Study - Central County AOB Program 7 Table 3: Estimated Development Potential for Central County/South Walnut Creek Land Use Category Units Due per Unit Units DUEs 2010 2040 Growth 2010 2040 Growth Single-Family DU 1.00 7,429 7,733 304 7,429 7,733 304 Multi-family DU 0.61 3,639 4,180 541 2,234 2,566 332 Total DU 11,068 11,913 845 9,663 10,299 636 Retail Jobs 578 746 168 Office Jobs 3,103 3,773 670 Industrial Jobs 2,139 2,383 244 Total Jobs 5,820 6,902 1,082 Retail 1,000 sq. ft. 0.00142 289 373 84 410 529 119 Office 1,000 sq. ft. 0.00115 853 1038 184 979 1,191 211 Industrial 1,000 sq. ft. 0.00091 1283 1430 146 1,168 1,302 133 Total 1,000 sq. ft. 2,426 2,840 415 2,558 3,022 463 Total: 12,221 13,321 1,099 Proportion of DUE Growth to the Total DUEs in 2040: 1,099/13,321 = 0.0825 Source: DKS Associates, 2016 Notes: Land Use Assumed Square Feet per Job Retail 500 Office 275 Industrial 600 4. Transportation Needs Analysis Defining the transportation needs and project list for the Central County AOB involved the following steps: 1. Collecting traffic count data (intersections and roadway segments) 2. Identifying existing deficiencies, including level of service (LOS) and roadway standard deficiencies 3. Preparing travel demand forecasts of 2040 conditions 4. Conducting transportation system analysis to identify improvement needs 5. Identifying pedestrian and bicycle facilities/improvements 6. Preparing a draft AOB project list 7. Presenting analysis and findings at a neighborhood outreach meeting to obtain input on the draft project list 8. Finalizing project list The key technical tasks used to determine the transportation improvements needed to accommodate new development within the AOB and select a project list are described in Sections 4.1 through 4.6. Nexus Study - Central County AOB Program 8 4.1 Traffic Count Data Traffic count data is required to determine existing deficiencies and to support the future year roadway/intersection needs analysis. Traffic counts were collected on weekdays in May 2013 on major roadway segments and intersections within the AOB (see Tables 3 and 4). 4.2 Existing Deficiencies The technical methods and standards used to identify the impact of new development on roadway and intersection vehicular congestion are described in Section 4.4 below. The same methods and standards are used to identify existing deficiencies in the roadway network. When an existing deficiency is identified, it affects how the cost of an improvement is allocated to new development. New development can only fund its fair share of the total cost of an improvement not associated with correcting an existing deficiency (see Section 6). 4.3 Travel Demand Forecasting The transportation needs analysis and allocation of improvement costs were based on CCTA’s travel demand model using a 2040 horizon year and the development assumptions summarized in Table 3. Before its use, the output of the CCTA travel demand model for existing conditions was compared to existing traffic count data in the AOB area and some adjustments were made to the model within and near the AOB to improve its accuracy and detail. 4.4 Roadway/Intersection Analysis This section describes the analysis used to determine the roadway improvements needed to accommodate new development within the AOB. Signal Warrants Traffic signal warrants are a series of standards that provide guidelines for determining if a traffic signal is appropriate. A planning-level signal warrant analysis based on traffic volumes was conducted to determine if the traffic signals would be warranted at study intersections under existing and future (2040) conditions. If one or more of the signal warrants are met, signalization of the intersection may be recommended. Level of Service The needs analysis for the Central County AOB Program used the level of service (LOS) standards in the County’s General Plan, which has different standards for different areas, based on land use types. In the Central County Area, LOS D or better conditions are considered acceptable while LOS E or F conditions are considered unacceptable, except in central business districts such as the Contra Costa Centre area, where a LOS of E may be acceptable. LOS is calculated separately for intersections and roadway segments. Intersection LOS analysis is based on average vehicle delay and analysis methods recommended by the Highway Capacity Manual (Transportation Research Board, 2010). Roadway segment LOS analysis compares traffic levels with roadway segment capacities determined by the number of travel lanes and the roadway type. The intersection and roadway segment LOS analysis is summarized in Tables 4 and 5 as well as Figures 3 through 17. Nexus Study - Central County AOB Program 9 Table 4: Intersection Level of Service Analysis Intersection Area Area Type Control LOS Standard Delay Standard (seconds) Existing Cumulative AM PM AM PM Delay LOS Delay LOS Delay LOS Delay LOS 1 Reliez Valley Rd & Grayson Rd (NB)1 West Pleasant Hill Suburban AWSC Low D ≤ 30 9.4 A 9.1 A 15.6 C 14.3 B 2 Reliez Valley Rd & Withers Ave (SB)1 West Pleasant Hill Suburban AWSC Low D ≤ 30 8.1 A 7.7 A 10.7 B 13.4 B 3 Taylor Blvd & Withers Ave West Pleasant Hill Suburban Signal Low D ≤ 45 16.5 B 16.6 B 24.2 C 43.9 D 4 Withers Ave & Pleasant Hill Road (SB)1 West Pleasant Hill Suburban AWSC Low D ≤ 30 12.6 B 12.6 B 16.7 C 16.8 C 5 Bear Creek Rd & Happy Valley Rd (WB)1 Northwest Lamorinda Semi- Rural TWSC High C ≤ 25 8.8 A 8.7 A 32.1 D 10.3 B 6 Camino Pablo & Bear Creek Rd Northwest Lamorinda Semi- Rural Signal High C ≤ 35 10.7 B 13.1 B 79.9 E 16.1 B 7 Concord Blvd & Ayers Rd East Concord Suburban Signal Low D ≤ 45 30.6 C 22.4 C 93.4 F 27.4 C 8 Ayers Rd & Laurel Dr (SB)1 East Concord Suburban AWSC Low D ≤ 30 8.9 A 7.6 A 43.1 E 17.8 C 9 Ayers Rd & Myrtle Dr (EB)1 East Concord Suburban AWSC Low D ≤ 30 8.8 A 7.4 A 44.9 E 39.8 E 10 Myrtle Dr & Bailey Rd (SB)1 East Concord Suburban TWSC Low D ≤ 30 29.4 D 12.2 B 62 F >300 F 11 Treat Blvd & Buskirk Ave Contra Costa Centre CBD Signal Low E ≤ 67.5 121.4 F 153.4 F 212.1 F 158 F 12 Treat Blvd & Oak Rd Contra Costa Centre CBD Signal Low E ≤ 67.5 42.4 D 35.7 D 48.8 D 46 D 13 Treat Blvd & Jones Rd Contra Costa Centre CBD Signal Low E ≤ 67.5 27.5 C 67 E 38.6 D 91.1 F 14 Oak Rd & Wayne Ct Contra Costa Centre CBD Signal Low E ≤ 67.5 14.3 B 23.8 C 15.4 B 37.9 D 15 Oak Rd & Las Juntas Wy Contra Costa Centre CBD Signal Low E ≤ 67.5 13.9 B 17.5 B 14.6 B 19.7 B 16 Boulevard Wy & Flora Ave (NB)1 South Walnut Creek Suburban TWSC Low D ≤ 30 10.5 B 10.3 B 10.5 B 13.5 B 17 Buskirk Ave & Oak Road Contra Costa Centre CBD Signal Low E ≤ 67.5 25.6 C 39.1 D 35.6 D 57.8 E Nexus Study - Central County AOB Program 10 Intersection Area Area Type Control LOS Standard Delay Standard (seconds) Existing Cumulative AM PM AM PM Delay LOS Delay LOS Delay LOS Delay LOS 18 Oak Rd & Jones Rd Contra Costa Centre CBD Signal Low E ≤ 67.5 14.7 B 21.6 C 17.8 B 38.8 D 19 Olympic Blvd & Paulson Ln/SB Off-ramp South Walnut Creek Suburban Signal Low D ≤ 45 29.4 C 24.5 C 81.3 F 72.3 E 20 Mayhew Way & Bancroft Rd (EB)1 Contra Costa Centre Suburban TWSC Low D ≤ 30 31 D 54.8 F >300 F 173.2 F 21 Las Juntas Way & Coggins Dr (WB)1 Contra Costa Centre CBD AWSC Low E ≤ 42.5 17.6 C 15.8 C 53.9 F 38.8 E 22 Treat Blvd & Cherry Ln Contra Costa Centre Urban Signal High D ≤ 55 18.6 B 11.9 B 47.2 D 18.8 B 23 Oak Rd/N Civic Dr & Walden Rd (WB)1 Contra Costa Centre Suburban Signal Low D ≤ 45 8 A 5.1 A 15.9 B 7.5 A 24 Boulevard Wy & Garden Ct/Kinney Dr South Walnut Creek Suburban TWSC Low D ≤ 30 Synchro Does Not Support Analysis Synchro Does Not Support Analysis 25 Olympic Blvd & Boulevard Wy/Tice Valley Blvd South Walnut Creek Suburban Signal Low D ≤ 45 33.6 C 60.5 E 64.6 E 99.1 F 26 Olympic Blvd & Newell Ave South Walnut Creek Suburban Signal Low D ≤ 45 0.8 A 0.8 A 0.8 A 0.8 A 27 Boulevard Wy & Warren Rd (WB)1 South Walnut Creek Suburban TWSC Low D ≤ 30 10.1 B 11 B 0.4 A 11.2 B 28 Boulevard Wy & Saranap Ave (SB)1 South Walnut Creek Suburban TWSC Low D ≤ 30 1.1 A 13.6 B 11.8 B 20.2 C 29 San Miguel Dr & Rudgear Rd (SB)1 San Miguel Suburban TWSC Low D ≤ 30 15.3 C 12.7 B 38.6 E 37.1 E 30 Mountain View Blvd & Palmer Rd (NB)1 San Miguel Suburban TWSC Low D ≤ 30 11.2 B 11.2 B 13.2 B 9.1 A 31 Mountain View Blvd & Bales Dr (NB)1 San Miguel Suburban TWSC Low D ≤ 30 5.7 A 11 B 20.3 C 10.3 B 32 Mountain View Blvd & Walnut Blvd (WB)1 San Miguel Suburban AWSC Low D ≤ 30 7.3 A 7.1 A 6.7 A 7.1 A 1 Minor stop-controlled LOS based on worst approach LOS highlighted in gray does not meet County’s standard Source: DKS Associates, 2016 Nexus Study - Central County AOB Program 11 Table 5: Roadway Segment Level of Service Analysis Roadway Location Area Area Type1 LOS Standard1 V/C Ratio Standard1 2013 2040 AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour V/C LOS Range V/C LOS Range V/C LOS Range V/C LOS Range Reliez Valley Rd North of Grayson Rd West Pleasant Hill Suburban Low D ≤ 0.85 0.21 A-C 0.20 A-C 0.53 A-C 0.49 A-C Between Grayson Rd & Withers Ave West Pleasant Hill Suburban Low D ≤ 0.85 0.11 A-C 0.08 A-C 0.30 A-C 0.35 A-C Withers Ave Between Reliez Valley Rd & Taylor Blvd West Pleasant Hill Suburban Low D ≤ 0.85 0.13 A-C 0.25 A-C 0.24 A-C 0.40 A-C Between Taylor Blvd & Pleasant Hill Rd West Pleasant Hill Suburban Low D ≤ 0.85 0.18 A-C 0.15 A-C 0.29 A-C 0.36 A-C Taylor Blvd North of Withers Ave West Pleasant Hill Suburban Low D ≤ 0.85 0.54 A-C 0.46 A-C 0.71 A-C 0.59 A-C South of Withers Ave West Pleasant Hill Suburban Low D ≤ 0.85 0.52 A-C 0.49 A-C 0.69 A-C 0.59 A-C Pleasant Hill Rd Between Taylor Blvd & Geary Rd West Pleasant Hill Suburban Low D ≤ 0.85 0.18 A-C 0.23 A-C 0.22 A-C 0.29 A-C Bear Creek Rd North of Happy Valley Rd Northwest Lamorinda Rural Low C ≤ 0.75 0.07 A-C 0.06 A-C 0.24 A-C 0.24 A-C South of Happy Valley Rd Northwest Lamorinda Rural Low C ≤ 0.75 0.09 A-C 0.07 A-C 0.34 A-C 0.14 A-C East of Camino Pablo Northwest Lamorinda Rural Low C ≤ 0.75 0.08 A-C 0.08 A-C 0.32 A-C 0.13 A-C San Pablo Dam Rd West of Camino Pablo Northwest Lamorinda Rural Low C ≤ 0.75 0.76 A-C 0.79 A-C 1.05 F 0.99 F Fish Ranch Rd West of CA-24 Northwest Lamorinda Rural Low C ≤ 0.75 0.58 A-C 0.88 D-E 0.61 A-C 0.74 A-C2 Pinehurst Rd West of Canyon Rd Southwest Lamorinda Rural Low C ≤ 0.75 0.07 A-C 0.08 A-C 0.15 A-C 0.08 A-C Concord Blvd West of Ayers Rd East Concord CBD Low E ≤ 0.95 0.39 A-C 0.38 A-C 0.51 A-C 0.36 A-C East of Ayers Rd East Concord CBD Low E ≤ 0.95 0.66 A-C 0.60 A-C 0.86 D-E 0.65 A-C Ayers Rd North of Concord Blvd East Concord Suburban Low D ≤ 0.85 0.32 A-C 0.22 A-C 0.77 A-C 0.61 A-C Nexus Study - Central County AOB Program 12 Roadway Location Area Area Type1 LOS Standard1 V/C Ratio Standard1 2013 2040 AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour V/C LOS Range V/C LOS Range V/C LOS Range V/C LOS Range South of Concord Blvd East Concord Suburban Low D ≤ 0.85 0.45 A-C 0.36 A-C 0.70 A-C 0.50 A-C Between Laurel Dr & Myrtle Dr East Concord Suburban Low D ≤ 0.85 0.25 A-C 0.15 A-C 0.69 A-C 0.54 A-C Myrtle Rd Between Ayers Rd & Bailey Rd East Concord Suburban Low D ≤ 0.85 0.16 A-C 0.10 A-C 0.55 A-C 0.42 A-C Bailey Rd North of Myrtle Dr East Concord Suburban Low D ≤ 0.85 0.59 A-C 0.32 A-C 1.86 F 1.36 F South of Myrtle Dr East Concord Suburban Low D ≤ 0.85 0.58 A-C 0.34 A-C 1.23 F 0.82 D-E Geary Rd West of Buskirk Ave Contra Costa Centre Urban High D ≤ 0.90 0.72 A-C 0.73 A-C 0.87 D-E 0.88 D-E Treat Blvd Between Buskirk Ave & Oak Rd Contra Costa Centre CBD Low E ≤ 0.95 0.77 A-C 0.81 D-E 0.93 D-E 0.91 D-E Between Oak Rd & Jones Rd Contra Costa Centre CBD Low E ≤ 0.95 0.64 A-C 0.62 A-C 0.74 A-C 0.76 A-C Between Cherry Ln & Jones Rd Contra Costa Centre CBD Low E ≤ 0.95 0.77 A-C 0.77 A-C 0.84 D-E 0.90 D-E East of Cherry Ln Contra Costa Centre CBD Low E ≤ 0.95 0.79 A-C 0.76 A-C 0.86 D-E 0.91 D-E Oak Rd Between Treat Blvd & Wayne Ct Contra Costa Centre CBD Low E ≤ 0.95 0.39 A-C 0.46 A-C 0.42 A-C 0.55 A-C Between Treat Blvd & Jones Rd Contra Costa Centre CBD Low E ≤ 0.95 0.49 A-C 0.42 A-C 0.54 A-C 0.54 A-C Between Wayne Ct & Las Juntas Way Contra Costa Centre CBD Low E ≤ 0.95 0.42 A-C 0.42 A-C 0.43 A-C 0.48 A-C Between Las Juntas Way & Buskirk Ave Contra Costa Centre CBD Low E ≤ 0.95 0.41 A-C 0.44 A-C 0.50 A-C 0.51 A-C Between Oak Park Blvd & Buskirk Ave Contra Costa Centre CBD Low E ≤ 0.95 0.54 A-C 0.49 A-C 0.59 A-C 0.52 A-C South of Jones Rd Contra Costa Centre CBD Low E ≤ 0.95 0.39 A-C 0.44 A-C 0.44 A-C 0.58 A-C Las Juntas Way East of Oak Rd Contra Costa Centre CBD Low E ≤ 0.95 0.35 A-C 0.31 A-C 0.40 A-C 0.43 A-C Nexus Study - Central County AOB Program 13 Roadway Location Area Area Type1 LOS Standard1 V/C Ratio Standard1 2013 2040 AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour V/C LOS Range V/C LOS Range V/C LOS Range V/C LOS Range Buskirk Ave West of Oak Rd Contra Costa Centre CBD Low E ≤ 0.95 0.41 A-C 0.57 A-C 0.47 A-C 0.57 A-C North of Treat Blvd Contra Costa Centre CBD Low E ≤ 0.95 0.93 D-E 1.33 F 0.95 D-E 1.33 F I-680 NB On-Ramp West of Oak Rd Contra Costa Centre CBD Low E ≤ 0.95 0.41 A-C 0.50 A-C 0.44 A-C 0.57 A-C Jones Rd West of Oak Rd Contra Costa Centre CBD Low E ≤ 0.95 0.30 A-C 0.20 A-C 0.38 A-C 0.34 A-C East of Oak Rd Contra Costa Centre CBD Low E ≤ 0.95 0.24 A-C 0.37 A-C 0.32 A-C 0.54 A-C Bancroft Rd North of Mayhew Way Contra Costa Centre Urban High D ≤ 0.90 0.84 D-E 0.76 A-C 0.96 D-E 0.94 D-E South of Mayhew Way Contra Costa Centre Urban High D ≤ 0.90 0.28 A-C 0.25 A-C 0.50 A-C 0.46 A-C Mayhew Way West of Bancroft Rd Contra Costa Centre Urban High D ≤ 0.90 0.60 A-C 0.47 A-C 0.74 A-C 0.52 A-C Coggins Dr North of Las Juntas Way Contra Costa Centre Urban High D ≤ 0.90 0.42 A-C 0.40 A-C 0.52 A-C 0.55 A-C South of Las Juntas Way Contra Costa Centre Urban High D ≤ 0.90 0.65 A-C 0.57 A-C 0.83 D-E 0.77 A-C N Civic Dr South of Walden Rd Contra Costa Centre Urban High D ≤ 0.90 0.39 A-C 0.41 A-C 0.41 A-C 0.49 A-C Olympic Blvd West of Tice Valley Blvd South Walnut Creek Suburban Low D ≤ 0.85 0.30 A-C 0.33 A-C 0.50 A-C 0.49 A-C East of Tice Valley Blvd South Walnut Creek Suburban Low D ≤ 0.85 0.46 A-C 0.52 A-C 0.70 A-C 0.69 A-C East of Newell Ave South Walnut Creek Suburban Low D ≤ 0.85 0.47 A-C 0.52 A-C 0.71 A-C 0.68 A-C Tice Valley Blvd South of Olympic Blvd South Walnut Creek Suburban Low D ≤ 0.85 0.58 A-C 0.63 A-C 0.63 A-C 0.71 A-C Boulevard Wy Between Olympic Blvd and Warren Rd South Walnut Creek Suburban Low D ≤ 0.85 0.25 A-C 0.31 A-C 0.31 A-C 0.31 A-C Nexus Study - Central County AOB Program 14 Roadway Location Area Area Type1 LOS Standard1 V/C Ratio Standard1 2013 2040 AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour V/C LOS Range V/C LOS Range V/C LOS Range V/C LOS Range Between Garden Ct & Saranap Ave South Walnut Creek Suburban Low D ≤ 0.85 0.13 A-C 0.17 A-C 0.14 A-C 0.19 A-C Between Saranap Ave & Flora Ave South Walnut Creek Suburban Low D ≤ 0.85 0.17 A-C 0.24 A-C 0.18 A-C 0.31 A-C East of Flora Ave South Walnut Creek Suburban Low D ≤ 0.85 0.19 A-C 0.24 A-C 0.19 A-C 0.27 A-C Between Warren Rd & Kinney Dr South Walnut Creek Suburban Low D ≤ 0.85 0.20 A-C 0.25 A-C 0.25 A-C 0.27 A-C Newell Ave South of Olympic Blvd South Walnut Creek Suburban Low D ≤ 0.85 0.34 A-C 0.35 A-C 0.49 A-C 0.41 A-C Springbrook Rd Between Regency Ct & Sherwood Wy South Walnut Creek Suburban Low D ≤ 0.85 0.08 A-C 0.08 A-C 0.17 A-C 0.15 A-C Mountain View Blvd West of Palmer Rd San Miguel Suburban Low D ≤ 0.85 0.26 A-C 0.25 A-C 0.27 A-C 0.26 A-C Between Palmer Rd & Bales Dr San Miguel Suburban Low D ≤ 0.85 0.29 A-C 0.23 A-C 0.46 A-C 0.14 A-C Between Bales Dr & Walnut Blvd San Miguel Suburban Low D ≤ 0.85 0.08 A-C 0.09 A-C 0.08 A-C 0.09 A-C Walnut Blvd South of Mountain View Blvd San Miguel Suburban Low D ≤ 0.85 0.09 A-C 0.09 A-C 0.09 A-C 0.09 A-C North of Mountain View Blvd San Miguel Suburban Low D ≤ 0.85 0.07 A-C 0.06 A-C 0.07 A-C 0.06 A-C Rudgear Rd West of San Miguel Dr San Miguel Suburban Low D ≤ 0.85 0.50 A-C 0.47 A-C 0.58 A-C 0.58 A-C East of San Miguel Dr San Miguel Suburban Low D ≤ 0.85 0.35 A-C 0.32 A-C 0.55 A-C 0.51 A-C San Miguel Dr North of Rudgear Rd San Miguel Suburban Low D ≤ 0.85 0.19 A-C 0.18 A-C 0.29 A-C 0.26 A-C 1Contra Costa County General Plan, 2005 2Improvement in LOS in 2040 forecasted due to tunnel improvements LOS highlighted in gray does not meet County’s standard Source: DKS Associates, 2016 Nexus Study - Central County AOB Program 15 Figure 3: Existing Levels of Service in Central County AOB – West Pleasant Hill Nexus Study - Central County AOB Program 16 Figure 4: 2040 Levels of Service in Central County AOB – West Pleasant Hill Nexus Study - Central County AOB Program 17 Figure 5: Existing Levels of Service in Central County AOB – Northwest Lamorinda Nexus Study - Central County AOB Program 18 Figure 6: 2040 Levels of Service in Central County AOB – Northwest Lamorinda Nexus Study - Central County AOB Program 19 Figure 7: Existing Levels of Service in Central County AOB – Southwest Lamorinda Nexus Study - Central County AOB Program 20 Figure 8: 2040 Levels of Service in Central County AOB – Southwest Lamorinda Nexus Study - Central County AOB Program 21 Figure 9: Existing Levels of Service in Central County AOB – East Concord Nexus Study - Central County AOB Program 22 Figure 10: 2040 Levels of Service in Central County AOB – East Concord Nexus Study - Central County AOB Program 23 Figure 11: Existing Levels of Service in Central County AOB – Contra Costa Centre Nexus Study - Central County AOB Program 24 Figure 12: 2040 Levels of Service in Central County AOB – Contra Costa Centre Nexus Study - Central County AOB Program 25 Figure 13: Existing Levels of Service in Central County AOB – South Walnut Creek Nexus Study - Central County AOB Program 26 Figure 14: 2040 Levels of Service in Central County AOB – South Walnut Creek Nexus Study - Central County AOB Program 27 Figure 15: Existing Levels of Service in Central County AOB – San Miguel Nexus Study - Central County AOB Program 28 Figure 16: 2040 Levels of Service in Central County AOB – San Miguel Nexus Study - Central County AOB Program 29 Roadway Pavement Width Standards Many of the County’s two-lane roads within the Central County AOB will not have LOS problems but volume increases on narrow roads within the AOB is a safety issue that should be addressed in the AOB Program. Providing adequate roadway width including adding shoulders to two-lane roadways would increase safety as traffic increases and shoulders would provide a bicycle lane/walkway. FHWA recommends that rural roadways that carry more than 2,000 average daily vehicles (ADT) should have 5 to 6-foot wide shoulders. Contra Costa County’s standards for two-lane roadways, shown in Table 6, call for shoulders on roadways with more than 1,000 ADT. Table 6: Two Lane Rural/Lane Widths Contra Costa Public Works Department Standard Plans Average Daily Traffic Shoulder Backing (ft.) Shoulder (ft.) Lane (ft.) < 250 0 1 11 < 400 2 1 11 < 1,000 2 4 12 < 3,000 2 5 12 < 6,000 2 6 12 > 6,000 0 8 12 Source: Contra Costa County Public Works Department Standard Plans, 2008 4.5 Pedestrian and Bicycle Needs Analysis New development also necessitates changes to roadway design that are not geared toward increases in vehicle capacity or improvements to vehicle safety. New development generates non-vehicular trips (pedestrian and bicycle) that will need to be accommodated by improving roadway shoulders to provide bicycle lanes and pedestrian walkways. On roadways that require improvements based on the roadway/intersection analysis, described above, pedestrian and bicycle facilities would be implemented to the extent that they are represented in the County’s current standard roadway designs. Pedestrian and bicycle infrastructure improvements may also reduce vehicular congestion by shifting trips from autos to these alternative modes. The County’s General Plan has goals to encourage the use of transit (Goal 5-I) and to reduce single-occupant auto commuting and encourage walking and bicycling (Goal 5-J). The General Plan also has policies to encourage all efforts to develop alternative transportation systems to reduce peak period traffic congestion (Policy 5-23) and to encourage the use of alternative forms of transportation, such as pedestrian, bicycle and transit modes in order to provide basic accessibility to those without access to a personal automobile and to help minimize automobile congestion and air pollution. 4.6 Selected Project List A draft list of capital improvements to the transportation system in the AOB Programs was prepared. The project list is focused on the major transportation system in the County’s General Plan (see Sections 5.6 and 5.8 of the General Plan, which describe the major roadway, transit, bikeway and pedestrian facilities). This list generally consists of the following types of projects: 1. Installing traffic signals at intersections that meet warrants for their installation 2. Adding turn lanes at intersections to meet LOS standards 3. Adding lanes on roadway segments to meet LOS standards 4. Upgrading roadways to be consistent with County design standards 5. Making improvements to improve safety for all modes of transportation Nexus Study - Central County AOB Program 30 6. Providing appropriate pedestrian and bicyclist facility improvements The draft project list was prepared to meet the needs defined above and then was presented at a public meeting for neighborhood residents. Based on comments from the residents, the drafted list was revised. The revised list is shown in Table 7 and Figures 17 through 23. 5. Improvement Cost Estimates Planning-level cost estimates were prepared based on conceptual designs for each project (Table 7) and the design could change in the future based on the circulation needs as growth occurs. The estimates for roadway segment improvements are based on implementing the County’s design standards (for roadway cross-sections) by facility type and number of lanes. The cost estimates reflect the known issues, such as creek crossings, relocation of major known utilities, etc. Typical excavation quantities were used except in areas where significant excavation was identified. The cost estimating does not have geotechnical or survey support information. Thus the cost of unknown constraints (such as rock excavation, removal of unsuitable material, relocation of unseen utilities, etc.) were assumed in a project contingency percentage. The cost estimates include the following appropriate percentages that are key elements in the implementation of each project: • Project contingencies, • Survey, design and construction management, • Environmental mitigation, • Right-of-way acquisition The cost estimates for each of the selected projects for funding by the Central County AOB, shown in Table 7 are provided in Appendix B. Table 7: Selected Central County/South Walnut Creek AOB Project List Roadway Project Location Recommended Project Basis for Recommendation Pleasant Hill Road WPH2 Geary Road to Taylor Boulevard Bicycle improvements Countywide Bicycle and Pedestrian Plan Reliez Valley Road WPH3 North of Grayson Road to Withers Avenue Bicycle improvements Countywide Bicycle and Pedestrian Plan Taylor Boulevard WPH4 Intersection at Gloria Terrace Safety improvements Community Input Fish Ranch Road NL1 SR-24 to Grizzly Peak Road Safety improvements Contra Costa County Standard Plans San Pablo Dam Road NL2/3 West of Camino Pablo Roadway safety improvements Contra Costa County Standard Plans; CCTA’s Comprehensive Transportation Project List Bear Creek Road NL5 Intersection at Happy Valley Road Intersection improvements Contra Costa County General Plan LOS Standards Pinehurst Road SL1 West of Canyon Road Bicycle improvements Countywide Bicycle and Pedestrian Plan Nexus Study - Central County AOB Program 31 Roadway Project Location Recommended Project Basis for Recommendation Ayers Road EC2 Intersection at Concord Avenue Intersection improvements Contra Costa County General Plan LOS Standards EC3 Intersection at Laurel Avenue Intersection improvements Bailey Road EC4/6 Intersection and segment at Myrtle Drive Intersection improvements; Add shoulder Contra Costa County Standard Plans; Contra Costa County General Plan LOS Standards Las Juntas Road CCC1 Intersection at Coggins Drive Intersection improvements Contra Costa County General Plan LOS Standards Buskirk Avenue CCC2 North of Treat Boulevard Roadway improvements Contra Costa County General Plan LOS Standards Treat Boulevard CCC3/5 From I-680 Overpass to Jones Road Complete Street Improvements Countywide Bicycle and Pedestrian Plan CCC4 From Jones Road to Walnut Creek Bridge Complete Street Improvements Countywide Bicycle and Pedestrian Plan CCC6 Intersection at Jones Road Intersection improvements Contra Costa County General Plan LOS Standards Mayhew Way CCC8 West of Bancroft Avenue Pedestrian improvements Contra Costa County General Plan Olympic Boulevard SWC2 Intersection at Boulevard Way/Tice Valley Boulevard Intersection improvements Contra Costa County General Plan LOS Standards SWC7 Intersection at Bridgefield Road Intersection improvements Community Input SWC9 Windtree Court to I- 680 Bicycle and pedestrian improvements Olympic Corridor Trail Connector Study Dewing Lane SWC3 Between Dewing Lane and So Villa Way Connection of South Walnut Creek to Iron Horse Trail Community Input Tice Valley Boulevard SWC4 Tice Valley Lane to 200' east of Tice Hollow Court Complete Street Improvements Community Input Springbrook Road SWC6 170 ft east of Gilmore Street to 460 ft east of Regency Court Complete Street Improvements Community Input Boulevard Way SWC8 Warren Road to Olympic Boulevard Sidewalk project Community Input Nexus Study - Central County AOB Program 32 Roadway Project Location Recommended Project Basis for Recommendation Carry-over Projects from 1994/1995 AOB Project List Rudgear Rd SM11 Intersection at San Miguel Dr Intersection safety improvements Carry-over Project Walnut Blvd SM21 View Lane to 250’ northwest of Walnut Ct Pedestrian improvements Carry-over Project Mountain View Blvd SM31 Blackwood Dr to Walnut Blvd Pedestrian improvements Carry-over Project San Miguel Dr SM41 Rudgear Rd to Blackwood Dr Pedestrian improvements Carry-over Project 1See Figure 2 for map of carry-over projects. Source: DKS Associates, 2018 Nexus Study - Central County AOB Program 33 Figure 17: Selected Projects for Central County AOB Program – West Pleasant Hill Nexus Study - Central County AOB Program 34 Figure 18: Selected Projects for Central County AOB Program – Northwest Lamorinda Nexus Study - Central County AOB Program 35 Figure 19: Selected Projects for Central County AOB Program – Southwest Lamorinda Nexus Study - Central County AOB Program 36 Figure 20: Selected Projects for Central County AOB Program – East Concord Nexus Study - Central County AOB Program 37 Figure 21: Selected Projects for Central County AOB Program – Contra Costa Centre Nexus Study - Central County AOB Program 38 Figure 22: Selected Projects for Central County AOB Program – South Walnut Creek Nexus Study - Central County AOB Program 39 6. Basis for Allocating Costs to New Development This section describes the process used to allocate transportation improvement costs to new development in the AOB and the estimated transportation mitigation fees that result from this analysis. The allocation of costs of roadway and intersection improvements in the AOB is based on answering the following questions: • Is there an existing deficiency? • Would the improvement project be required without new development? • Who uses the roadway/intersection? The allocation of costs is based on estimates of who will use the roadways or intersections that require improvements based on 2040 traffic forecasts. The allocation of improvement costs is based on the percentage of trips on the roadways and intersections from 1) existing development, 2) new development in the AOB and 3) new development outside the AOB (referred to as through traffic). An increase in through traffic represents an increase in trips that both start and end outside the AOB and pass through the AOB. Table 8 summarizes the estimated percentages for the selected AOB project list. The methods used to allocate costs are described below. 6.1 Improvements to Meet County LOS Standards Costs for improvements needed to address LOS impacts (either intersection or roadway LOS) are allocated to new development in the Central County AOB using one of three methods: 1. For a roadway segment or intersection that is currently operating at an acceptable LOS but would operate at an unacceptable LOS in 2040, the entire cost of improving that segment or intersection is allocated to new development if there is no increase in through traffic. This method did not apply to any improvements on the Central County AOB project list. 2. If the current and future LOS conditions are the same as described under #1 but there is an increase in the amount of through traffic then new development within the AOB is not allocated the full cost of the improvement. Instead, new development within the AOB is allocated a percentage of costs based the number of new trips on a roadway segment or intersection that have either their origin or destination within the AOB divided by the total amount of trips from new development. The remaining percent of costs, reflecting new trips that have neither their origin nor destination in the AOB, are not allocated to development in the AOB. This method was used to allocate costs for improvements on San Pablo Dam Road, Bear Creek Road, Ayers Road, Bailey Road, and Las Juntas Road. 3. For a roadway segment or intersection that currently does not meet the County’s LOS standards (an existing deficiency), the percent cost share for new development in the AOB is equal to the number of new trips on a roadway segment that have either their origin or destination within the AOB divided by all trips on that roadway, both from existing and new development (including through traffic). This method was used to allocate costs for improvements on Fish Ranch Road, Buskirk Avenue, Treat Boulevard, and Olympic Boulevard. 6.2 Widening to Meet Roadway Pavement Width Standards 4. The allocation of costs to improve roadway to County cross-section standards is similar to the allocation of cost for improvements to address LOS impacts. For a roadway segment that is currently below the traffic volume thresholds shown in Table 6 but would exceed those thresholds by 2040, the entire cost of improving that segment to the County standard will be allocated to new development. If that roadway has an increase in the amount of through traffic then new development within the AOB is allocated a percentage of costs based on the number of Nexus Study - Central County AOB Program 40 Table 8: Cost Allocation Analysis for Central County AOB Project List - Level of Service Improvements Roadway Project Location Recommended Project Existing Conditions 2040 Conditions Percent of 2040 Volume Percent of 2013 to 2040 Growth Percent Allocated to AOB PM Peak Period Volume4 LOS PM Peak Period Volume4 LOS1 Existing Local Local Growth Existing Through Through Growth Local Through San Pablo Dam Road NL3 West of Camino Pablo Roadway safety improvements 6,000 A-C 6,995 F 3.73 0.34 82.05 13.88 2.36 97.64 2.36 Bear Creek Road NL5 Intersection at Happy Valley Road Intersection improvements 1,183 A 1,306 D5 2.95 0.27 87.66 9.12 2.83 97.17 2.83 Ayers Road EC2 Intersection at Concord Avenue2 Intersection improvements 6,854 C 9,089 F 16.73 1.50 58.69 23.08 6.12 93.88 6.12 EC3 Intersection at Laurel Avenue2 Intersection improvements 2,573 A 3,936 E 6.84 0.62 58.53 34.01 1.78 98.22 1.78 Bailey Road EC4 Intersection at Myrtle Drive2 Intersection improvements 4,443 D 11,573 F 3.01 0.27 35.38 61.34 0.44 99.56 0.44 Las Juntas Road CCC1 Intersection at Coggins Drive2 Intersection improvements 4,231 C 4,634 F 81.31 7.31 10.00 1.38 84.17 15.83 84.17 Buskirk Avenue CCC2 North of Treat Boulevard Roadway improvements 2,295 F 2,641 F 36.57 3.29 50.34 9.80 25.14 74.86 3.29 Treat Boulevard CCC6 Intersection at Jones Road3 Intersection improvements 18,293 E 20,876 F 33.07 2.97 54.56 9.40 24.04 75.96 2.97 Olympic Boulevard SWC2 Intersection at Boulevard Way/Tice Valley Boulevard3 Intersection improvements 13,899 E 15,919 F 18.46 1.66 68.85 11.03 13.08 86.92 1.66 SWC7 Intersection at Bridgefield Road Intersection improvements 8,475 E 9,771 F 22.27 2.00 64.46 11.27 15.09 84.91 2.00 Notes: 1LOS without improvement; 2Sum of approach volumes, LOS is for PM peak hour; 3Sum of approach volumes, LOS is for AM peak hour; 44-hour peak period from model; 5AM cumulative peak hour Values highlighted in gray were used for AOB percent allocation Source: DKS Associates, 2018 Nexus Study - Central County AOB Program 41 trips associated with new development within the AOB. This method did not apply to any improvements on the Central County AOB project list. For a roadway segment that currently has a traffic volume above the volume thresholds in Table 5 and does not meet the County’s applicable cross-section standards (an existing deficiency), the percent cost share for new development in the AOB is equal to the number of new trips on a roadway segment that have either their origin or destination within the AOB divided by all trips on that roadway, both from existing and new development. 6.3 Bikeway and Walkway Improvements Bicycle and pedestrian improvements in the Central County/South Walnut Creek AOB are localized improvements serving trips that have their origin or destination within the AOB rather than through trips. Lack of bicycle and pedestrian facilities is an existing deficiency in the AOB; hence the improvements will benefit both existing and future residents. Since the improvements will serve the existing and future bicycle and pedestrian demand, the cost of those projects allocated to new development will equal the new development’s proportional share of the total future development (existing plus new development) in the Central County AOB (measured in Dwelling Unit Equivalents). This method was used to allocate costs for improvements described in Table 9. Table 9: Cost Allocation Analysis for Central County AOB Project List – Safety, Pedestrian, Bicycle and Transit Infrastructure Improvements Roadway Project Location Recommended Project Percent Allocated to AOB* Fish Ranch Road NL1 SR-24 to Grizzly Peak Road Safety improvements 8.25 Pleasant Hill Road WPH2 Geary Road to Taylor Boulevard Bicycle improvements 8.25 Reliez Valley Road WPH3 North of Grayson Road to Withers Avenue Bicycle improvements 8.25 Taylor Blvd WPH4 Intersection at Gloria Terrace Intersection Safety improvements 8.25 San Pablo Dam Road NL2 West of Camino Pablo Bicycle improvements 8.25 Pinehurst Road SL1 West of Canyon Road Bicycle improvements 8.25 Treat Boulevard CCC3 From I-680 Overpass to Jones Road Bicycle and pedestrian improvements 8.25 CCC4 From Jones Road to Walnut Creek Bridge Bicycle improvements 8.25 Mayhew Way CCC8 West of Bancroft Avenue Pedestrian improvements 8.25 Bailey Road EC6 North and south of Myrtle Drive Add shoulder 8.25 Dewing Lane SWC3 Between Dewing Lane and So Villa Way Pedestrian Bridge over Las Trampas Creek 8.25 Nexus Study - Central County AOB Program 42 Roadway Project Location Recommended Project Percent Allocated to AOB* Tice Valley Boulevard SWC4 Tice Valley Lane to 200' east of Tice Hollow Court Bicycle and pedestrian improvements 8.25 Olympic Boulevard SWC9 Windtree Ct to Newell Ct. Bicycle and pedestrian improvements 8.25 Springbrook Road SWC6 Henri Hill Lane to Camino Diablo Bicycle and pedestrian improvements 8.25 Boulevard Way SWC8 Warren road to Olympic Boulevard Sidewalk Project 8.25 *Percentage allocation to AOB is the proportion of DUE growth to the total DUEs in 2040 (see Table 2). Source: DKS Associates, 2018 6.4 Summary of Cost Allocation Table 10 summarizes the allocation of the cost for each of the selected projects that will have funding from the Central County AOB Program. The County has various methods for funding transportation improvements within the Central County AOB boundary. While the Central County AOB fee program is one method, additional funding will need to be obtained from Federal, State and local grants (such as ATP, SRTS, BTA, etc.) or other sources to fund the cost of the improvements not allocated to new development in the Central County AOB. On an on-going basis, the County will assess the unconstructed projects on the AOB project list and determine project priorities. As enough funding becomes available from all sources to implement “priority” projects, the County will implement those projects. Nexus Study - Central County AOB Program 43 Table 10: Allocation of Project Costs to Central County AOB Program Roadway Project Location Recommended Project Estimated Total Cost Percent Allocated to AOB Cost Allocated to AOB Pleasant Hill Road WPH2 Geary Road to Taylor Boulevard Bicycle improvements $2,754,000 8.25 $227,297 Reliez Valley Road WPH3 North of Grayson Road to Withers Avenue Bicycle improvements $7,284,000 8.25 $601,173 Taylor Blvd WPH4 Intersection at Gloria Terrace Intersection Safety improvements $2,504,000 8.25 $206,663 Fish Ranch Road NL1 SR-24 to Grizzly Peak Road Safety improvements $5,818,000 8.25 $479,985 San Pablo Dam Road NL2/31 West of Camino Pablo Roadway safety improvements $3,036,500 2.36 $71,744 Bicycle improvements $3,036,500 8.25 $250,612 Bear Creek Road NL5 Intersection at Happy Valley Road Intersection improvements $21,000 2.83 $594 Pinehurst Road SL1 West of Canyon Road Bicycle improvements $1,974,000 8.25 $162,921 Ayers Road EC2 Intersection at Concord Avenue Intersection improvements $661,000 6.12 $40,456 EC3 Intersection at Laurel Avenue Intersection improvements $1,471,000 1.78 $26,143 Bailey Road EC4 Intersection at Myrtle Drive Intersection improvements $638,000 0.44 $2,805 EC6 North and south of Myrtle Drive Add shoulder $606,000 8.25 $49,995 Las Juntas Road CCC1 Intersection at Coggins Drive Intersection improvements $858,000 84.17 $722,156 Buskirk Avenue CCC2 North of Treat Boulevard Roadway improvements $2,995,000 3.29 $98,540 Nexus Study - Central County AOB Program 44 Roadway Project Location Recommended Project Estimated Total Cost Percent Allocated to AOB Cost Allocated to AOB Treat Boulevard CCC3/5 From I-680 Overpass to Jones Road Bicycle and pedestrian improvements $3,045,000 8.25 $251,314 CCC4 From Jones Road to Walnut Creek Bridge Bicycle improvements $3,376,000 8.25 $278,632 CCC6 Intersection at Jones Road Intersection improvements $1,442,000 2.97 $42,895 Mayhew Way CCC8 West of Bancroft Avenue Pedestrian improvements $988,000 8.25 $81,543 Olympic Boulevard SWC2 Intersection at Boulevard Way/Tice Valley Boulevard Intersection improvements $1,048,000 1.66 $17,402 SWC7 Intersection at Bridgefield Road Intersection improvements $845,000 2.00 $16,926 SWC 9 Windtree Court to Newell Court. Pedestrian and Bicycle Improvements $3,984,000 8.25 $328,813 Dewing Lane SWC3 Between Dewing Lane and So Villa Way Pedestrian bridge over Las Trampas Creek $7,502,000 8.25 $619,165 Tice Valley Boulevard SWC4 Tice Valley Lane to 200' east of Tice Hollow Court Bicycle and pedestrian improvements $5,804,000 8.25 $479,023 Springbrook Road SWC6 Henri Hill Lane to Camino Diablo Bicycle and pedestrian improvements $5,976,000 8.25 $493,219 Boulevard Way SWC8 Warren Road to Olympic Boulevard Sidewalk project $3,827,000 8.25 $315,855 Total: $71,494,000 8.20 $5,865,871 Rudgear Rd SM12 Intersection at San Miguel Dr Intersection safety improvements $3,588,000 8.25 $296,130 Nexus Study - Central County AOB Program 45 Roadway Project Location Recommended Project Estimated Total Cost Percent Allocated to AOB Cost Allocated to AOB Walnut Blvd SM22 View Lane to 250’ northwest of Walnut Ct Pedestrian improvements $4,001,000 8.25 $330,216 Mountain View Blvd SM32 Blackwood Dr to Walnut Blvd Pedestrian improvements $3,470,000 8.25 $286,391 San Miguel Dr SM42 Rudgear Rd to Blackwood Dr Pedestrian and bicycle improvements $9,079,000 8.25 $749,320 Total: $20,138,000 8.25 $1,662,056 Notes: 1Cost estimate treats the roadway widening and bicycle improvements as one project, so it was assumed that the cost was split 50%/50% between roadway widening and bicycle improvements, which was based on the relative widths of the improvements. 2Carry-over projects to be funded with existing balance. Source: DKS Associates, 2021 Nexus Study - Central County AOB Program 46 7. Method for Calculating Fees Land Use Categories The calculation of fees for the AOB Program Updates will be based on the general land use categories that can be derived for all areas of the county from CCTA’s travel demand model. These general categories are the following: __Land Use Type__ _____Units_____ Single-Family Dwelling units (DU) Multi-Family Dwelling units (DU) Commercial/Retail 1,000 Sq. Ft. Office 1,000 Sq. Ft Industrial 1,000 Sq. Ft Dwelling Unit Equivalents In the allocation of costs to various types of development, each development type will be assigned a “dwelling unit equivalent” or “DUE” rate. DUEs are numerical measures of how the trip-making characteristics of a land use compare to a typical single-family residential unit, which is assigned a DUE of 1. Land uses that have greater overall traffic impacts than a typical single-family residential unit are assigned values greater than 1, while land uses with lower overall traffic impacts than a typical single- family residential unit are assigned DUE values less than 1. DUEs are developed by comparing both the trip generation and trip length characteristics of various land uses to those same rates for a typical single-family residential unit. Since roadway needs are primarily based on traffic flows and conditions during the PM peak hour on an average weekday, the DUEs reflect the relative trip generation for the peak hour. Also considered in the calculation of DUEs are “percent new” trips since some of the vehicles attracted to non-residential uses would have been on the roadway system regardless of the presence of the traffic generated by the new development. Average trip lengths for the remaining "primary" trips generated by a development are then utilized to better reflect overall impact of longer trips on the County’s roadway system. The DUE rates will thus be based on estimates of the average vehicle-miles of travel (VMT) generated during the PM peak hour for each general land use type. The DUE rates that will be used to estimate the Central County AOB fees are shown in Table 11. Table 11: Dwelling Unit Equivalent (DUE) Rates Land Use Category PM Peak Hour Trip Rate per Unit1 Unit Trip Length (miles)2 Percent New trips2 VMT per Unit DUE per Unit Singe Family 1.01 Dwelling Unit 5.0 100 5.050 1.00 Multi-Family 0.62 5.0 100 3.100 0.61 Retail 4.10 Square Feet 2.3 76 7.167 0.00142 Office 1.40 4.5 92 5.796 0.00115 Industrial 0.98 5.1 92 4.598 0.00091 1 ITE Trip Generation 7th Edition 2 ITE Journal, May 1992 Source: DKS Associates, 2016 Nexus Study - Central County AOB Program 47 Fee Calculation The cost per DUE (i.e. cost for a typical single-family dwelling unit) is calculated by dividing the total costs allocated to new development in the AOB (methods described above) by the total growth in DUEs in the AOB by 2040 (see Table 12). The cost for each land use type is then based on its DUE rate. The nexus-based fee rates are shown in Table 13. Table 12: Growth in DUEs Land Use Category Unit Growth in Units1 DUE per Unit Growth in DUEs Singe Family Dwelling Unit 304 1.00 304 Multi-Family 541 0.61 332 Retail Square Feet 84,000 0.00142 119 Office 184,000 0.00115 211 Industrial 146,000 0.00091 133 Total 1,099 1 See Table 2: “Summary of Estimated Development 2010 to 2040 Growth” Source: DKS Associates, 2016 Table 13: Nexus-Based Fee Rates for Central County AOB Cost of Improvements Allocated to AOB Growth $5,865,871 AOB Account Balance (as of August 2016) $0 Unfunded Allocated Costs $5,865,871 Growth in Dwelling Unit Equivalents (DUE's) 1099 Cost per DUE $5,335.39 Land Use Units Fee per Unit1 Single Family Dwelling Unit $5,335 Multi-Family Dwelling Unit $3,275 Retail Square Foot $7.57 Office Square Foot $6.12 Industrial Square Foot $4.86 1Fee per Unit = (Cost per DUE) x (DUE per Unit) Source: DKS Associates, 2018 8. Nexus Analysis A nexus analysis has been prepared on the Central County AOB Program in accordance with the procedural guidelines established in AB1600 which is codified in California Government Section 66000 et seq. These code sections set forth the procedural requirements for establishing and collecting development impact fees. These procedures require that “a reasonable relationship or nexus must exist between a governmental exaction and the purpose of the condition.” Specifically, each local agency imposing a fee must: • Identify the purpose of the fee; • Identify how the fee is to be used; Nexus Study - Central County AOB Program 48 • Determine how a reasonable relationship exists between the use of the fee use and the type of development project on which the fee is imposed; • Determine how a reasonable relationship exists between the need for the public facility and the type of development project on which the fee is imposed; and, • Demonstrate a reasonable relationship between the amount of the fee and the cost of public facility or portion of the public facility attributable to the development on which the fee is imposed. 8.1 Purpose of fee The purpose of the Central County AOB Program is to fund improvements to the County’s major roadway, bicycle and pedestrian facilities needed to accommodate travel demand generated by new land development in the unincorporated portion of Central County AOB over the next 20 years (through 2040). The Central County AOB Program will help meet the County’s General Plan policies including maintenance of adequate levels of service and safety for roadway facilities. New development in the unincorporated portions of the Central County AOB will increase the demand for all modes of travel (including walking, biking, transit, automobile and truck/goods movement) and thus the need for improvements to transportation facilities. The Central County AOB Program will help fund transportation facilities necessary to accommodate new residential and non-residential development in the unincorporated portions of the Central County AOB. 8.2 Use of Fees The fees from new development in the Central County AOB Program will be used to fund additions and improvements to the transportation system needed to accommodate future travel demand resulting from residential and non-residential development within the Central County AOB. The Central County AOB Program will help fund improvements to roadways (include the widening or extensions of arterial and collector roadways, intersection improvements and provision of shoulders and complete streets) bikeways and walkways plus fee program administration costs. The transportation improvements wholly or partially funded by the program are described in more detail in Section 4. 8.3 Relationship between use of Fees and Type of Development Fee revenues generated by the Central County AOB Program will be used to develop the transportation improvements described in Section 4. All of these improvements increase the capacity, improve the safety, or facilitate the use of alternative modes (transit, bicycle, pedestrian) on those segments of the transportation system affected by new development. The results of the transportation modeling analysis summarized in this report demonstrate that these improvements either mitigate impacts from and/or provide benefits to new development. 8.4 Relationship between Need for Facility and Type of Development The projected residential and non-residential development described in Section 3 will add to the incremental need for transportation facilities by increasing the amount of demand on the transportation system. The transportation analysis presented in Section 4 demonstrates that improvements are required to minimize the negative impact on current levels of service caused by new development and/or accommodate the increased need for alternative transportation modes (transit, bicycle, pedestrian). Nexus Study - Central County AOB Program 49 8.5 Relationship between Amount of Fees and the Cost of Facility Attributed to Development upon which Fee is Imposed The basis for allocating improvement costs to development is described in Section 6. Construction of necessary transportation improvements will directly serve residential and non-residential development within the unincorporated portions of the AOB and will directly benefit development in those areas. New development within the AOB is allocated a percentage of costs based the number of new trips on a roadway segment or intersection that have either their origin or destination within the AOB divided by the total amount of trips from new development. The remaining percent of costs, reflecting new trips that have neither their origin nor destination in the AOB (through trips), are not allocated to development in the AOB. For facilities that have an “existing deficiency”, the cost of the improvement that is allocated to the Central County AOB Program is modified to account for that deficiency. The fee that a developer pays for a new residential unit or commercial building varies by the type of development based on its impact on the transportation system. Each development type is assigned a “dwelling unit equivalent” or “DUE” rate based on its estimated vehicle-miles of travel (VMT) per unit of development. DUE’s are numerical measures of how the trip-making characteristics of a land use compare to a single- family residential unit. DUE’s were developed by comparing both the trip generation and trip length characteristics of various land uses to those of the single-family residential units. Since roadway needs are primarily based on traffic flows and conditions during the peak hour on an average weekday, the DUE’s reflect the relative trip generation for the peak hour. Also considered in the calculation of DUE’s are “percent new” trips. The DUE rates were thus based on estimates of the average vehicle-miles of travel (VMT) generated during the peak hour for each general land use type. 8.6 Current AOB Fund Balance The Central County AOB has been earmarked for those carry-over projects from the project list approved in 1995 that have not yet been completed (see Table 2). All funds collected under the program for both the Central County AOB and the South Walnut Creek AOB were committed to projects on the original list (see Table 1). The projects added in this update will receive funding from new development in the AOB. Nexus Study - Central County AOB Program 50 Appendix A Cost Estimates for Specific Projects to be Completed from the 1994/1995 Central County AOB Project List DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number SM1 Project Name:Rudgear Road Intersection Improvements Project Location Rudgear Road & San Miguel Drive Description Project Length (f Date of Estimate Apr. 30, 2018 Revision No. Revision Date Prepared by:E. Vaca/J. Palma Revised by No.Description Quantity Units Unit Cost Total 1 Traffic Control 1 LS $180,000.00 180,000$ 4 Lighting (intersection only) 1 LS $100,000.00 100,000$ 5 Landscaping 2,000 SF $25.00 50,000$ 6 Drainage Modification - Culvert Extension 1 EA $100,000.00 100,000$ 7 Roadway Excavation 1,902 CY $50.00 96,000$ 9 Aggregate Base (assumed 1.80ft)1,268 CY $200.00 254,000$ 10 Hot Mix Asphalt 728 TON $150.00 110,000$ 11 Thermoplastic Traffic Striping 1 LS $5,000.00 5,000$ 12 Relocate Roadside Signs/Add New Signs 3 EA $250.00 1,000$ 13 Clearing and Grubbing 12,095 SF $3.00 37,000$ 14 Tree Removal 1 EA $1,000.00 1,000$ 15 Mobilization (10%)75,400$ Project Number SM1 Planning Engineering (TE)100,000$ Contract Items 934,000$ Preliminary Engineering (Design/Survey)* 25%234,000$ Other Costs (CON)161,000$ Utility Coordination (Design)50,000$ Contingency*187,000$ Environmental (Environmental, Real Property)40,000$ Subtotal (Contract Items)1,282,000$ R/W Engineering (Survey)25,000$ Subtotal (Plan)100,000$ Real Property Labor 60,000$ Subtotal (PE)324,000$ R/W Acquisition 1,500,000$ Subtotal (R/W)1,585,000$ Construction Engineering * 15%141,000$ Environmental Monitoring and Mitigation Fees 20,000$ SUBTOTAL of OTHER COSTS (ALL)2,170,000$ Grand Total 3,291,000$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2018 * Construction Engineering is 15% of contract items. ($10,000 min.)Escalation Year 2021 * CONTINGENCY is 20% of contract items. ($10,000 min.)Escalation Rate 9.0% TOTAL (in 2021 dollars)$ 3,588,000 Project would install a mini‐roundabout at the intersection of Rudgear Road and San Miguel Drive N/A Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Transportation Engineering Planning Cost Estimate Contra Costa County Public Works Department WO xxxx Project Name:Walnut Blvd Sidewalk Project Part 2 Alternative:Sidewalk on Both Sides of Roadway Project Location:Walnut Blvd between View Lane and 250' NW of Walnut Ct Assumptions:R, TI, etc. Project Length (ft):1,700 Date of Estimate:Oct. 6, 2015 Revision No.0 Revision Date Prepared by:Tianjun Cao Revised by No.Description Quantity Units Unit Cost Total 1 Construction Area Signs 6 EA 550.00$ 3,300$ 2 Traffic Control System 1 LS 20,000.00$ 20,000$ 3 Prepare Water Pollution Control Plan 1 LS 6,000.00$ 6,000$ 4 Remove Thermoplastic Traffic Stripe 3400 LF 2.00$ 6,800$ 5 Minor Structure (Sidewalk Cross Drain)1 EA 600.00$ 600$ 6 Clearing and Grubbing 1 LS 30,000.00$ 30,000$ 7 Remove Tree 22 EA 2,000.00$ 44,000$ 8 Saw Cut Pavement Edges 3400 LF 2.00$ 6,800$ 9 Roadway Excavation 1039 CY 45.00$ 46,755$ 10 Imported Material (Shoulder Backing)238 TON 45.00$ 10,710$ 11 Class 2 Aggregate Base 1131 TON 45.00$ 50,895$ 12 Hot Mix Asphalt (Type A)1849 TON 110.00$ 203,390$ 13 Minor Concrete (Sidewalk)13650 SF 10.00$ 136,500$ 14 ADA Curb Ramp 4 EA 3,500.00$ 14,000$ 15 Driveway Conform 14 EA 10,000.00$ 140,000$ 16 Curb and Gutter 3400 LF 45.00$ 153,000$ 17 Earthwork 890 CY 25.00$ 22,250$ 18 Minor Concrete (Retaining Wall)900 LF 140.00$ 126,000$ 19 Minor Structure (Inlet)2 EA 3,200.00$ 6,400$ 20 Metal Beam Guard Railing 300 LF 115.00$ 34,500$ 21 C.3 Provisions and Misc. Drainage 1 LS 70,000.00$ 70,000$ 22 Sign Relocation 8 EA 500.00$ 4,000$ 23 Mailbox Removal and Replacement 6 EA 300.00$ 1,800$ 24 Thermoplastic Traffic Stripe - Det. 27B, Right Edge Line 3400 LF 2.00$ 6,800$ 25 Mobilization 1 LS 115,000.00$ 115,000$ OTHER COSTS BY PHASE: PLAN Planning Engineering (TE)200,000$ CONTRACT ITEMS 1,260,000$ PE Preliminary Engineering (Design/Survey)*504,000$ OTHER COSTS (CON)289,000$ Utility Coordination (Design)50,000$ CONTINGENCY*189,000$ Environmental (Environmental, Real Property)200,000$ SUBTOTAL (CON)1,738,000$ R/W R/W Engineering (Survey)20,000$ SUBTOTAL (PLAN)200,000$ Real Property Labor 200,000$ SUBTOTAL (PE)754,000$ R/W Acquisition 500,000$ SUBTOTAL (R/W)720,000$ CON Construction Engineering *189,000$ Environmental Monitoring and Mitigation Fees 100,000$ GRAND TOTAL 3,412,000$ SUBTOTAL of OTHER COSTS (ALL)1,963,000$ CURRENT YEAR 2015 * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)ESCALATION YEAR 2021 * Construction Engineering is 15% of contract items. ($20,000 min.)ESCALATION RATE 17.3% * CONTINGENCY is 15% of contract items. ($10,000 min.)TOTAL (in 2021 dollars)$ 4,001,000 Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. H:\AOB\Central County AOB\Projects\Walnut Blvd Estimate WALNUT BLVDWAL N UT BL V DNOB HILL DRVIEW LNW ALNUT CT S H A D Y G L E N R D SCALE: 1" = 130' 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 FEDERAL ID NO.:DB:TC CB:MH DATE:OCT 2015 SHEET 1 OF 1 WALNUT BLVD PEDESTRIAN AND BICYCLE PROJECT PART 2 PROJECT LAYOUT LEGEND: CENTER LINE OF THE ROAD UTILITY POLE RIGHT OF WAY LINE/PARCEL LINE SIGN 2' TO 3' HIGH RETAINING WALL TREE TO BE REMOVED EX. SD INLET CONC. CURB RAMP SIDEWALK DRIVEWAY CONFORM COUNTY LIMITS SHOULDER EXISTING OR PROPOSED N Transportation Engineering Planning Cost Estimate Contra Costa County Public Works Department WO xxxx Project Name:Mt. View Blvd Sidewalk Alternative:North Side of Roadway Project Location:From Walnut Blvd to San Miguel Dr Assumptions:R, TI, etc. Project Length (ft):3800 Date of Estimate:Oct. 6, 2015 Revision No.0 Revision Date Prepared by:Joey Herringshaw Revised by No.Description Quantity Units Unit Cost Total 1 Construction Area Signs 12 EA 550.00$ 6,600$ 2 Traffic Control System 1 LS 100,000.00$ 100,000$ 3 Prepare Water Pollution Control Plan 1 LS 6,000.00$ 6,000$ 4 Remove Thermoplastic Traffic Stripe 3800 LF 2.00$ 7,600$ 5 Culvert Alteration 1 EA 1,000.00$ 1,000$ 6 Minor Concrete (Driveway Conform)28 EA 4,000.00$ 112,000$ 7 Relocate Mailbox 17 EA 350.00$ 5,950$ 8 Clearing and Grubbing 1 LS 30,000.00$ 30,000$ 9 Remove Tree 5 EA 2,000.00$ 10,000$ 10 Saw Cut Pavement Edges 3800 LF 2.00$ 7,600$ 11 Roadway Excavation 2322 CY 45.00$ 104,490$ 12 Imported Material (Shoulder Backing)532 TON 45.00$ 23,940$ 13 Class 2 Aggregate Base 2527 TON 45.00$ 113,715$ 14 Hot Mix Asphalt (Type A)4133 TON 110.00$ 454,630$ 15 Minor Concrete (Curb and Gutter)3800 LF 25.00$ 95,000$ 16 Minor Concrete (Sidewalk)19000 SF 12.00$ 228,000$ 17 ADA Curb Ramp 7 EA 3,500.00$ 24,500$ 17 C.3 Provisions and Misc. Drainage 1 LS 70,000.00$ 70,000$ 18 Thermoplastic Traffic Stripe - Det. 27B, Right Edge Line 3800 LF 2.00$ 7,600$ 27 19 Mobilization 1 LS 141,000.00$ 141,000$ OTHER COSTS BY PHASE: OTHER COSTS BY PHASE:Planning Engineering (TE)200,000$ CONTRACT ITEMS 1,550,000$ PLAN Preliminary Engineering (Design/Survey)*403,000$ OTHER COSTS (CON)253,000$ PE Utility Coordination (Design)40,000$ CONTINGENCY*233,000$ Environmental (Environmental, Real Property)80,000$ SUBTOTAL (CON)2,036,000$ R/W Engineering (Survey)40,000$ SUBTOTAL (PLAN)200,000$ R/W Real Property Labor 100,000$ SUBTOTAL (PE)523,000$ R/W Acquisition 60,000$ SUBTOTAL (R/W)200,000$ Construction Engineering *233,000$ CON Environmental Monitoring and Mitigation Fees 20,000$ GRAND TOTAL 2,959,000$ SUBTOTAL of OTHER COSTS (ALL)1,176,000$ CURRENT YEAR 2015 ESCALATION YEAR 2021 * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)ESCALATION RATE 17.3% * Construction Engineering is 15% of contract items. ($20,000 min.)TOTAL (in 2021 dollars)$ 3,470,000 * CONTINGENCY is 15% of contract items. ($10,000 min.) Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. H:\AOB\Central County AOB\Projects\Mt. View Blvd Sidewalk Estimate LEGEND - PROPOSED SHOULDER - PROPOSED SIDEWALK - CURB RAMP - DRIVEWAY CONFORM - TREE REMOVAL - EXISTING STOP SIGN - ROAD CENTERLINE property in the county ROW House has wall fronting - EXISTING CURB AND GUTTER - EXISTING STORM DRAIN - PARCEL PROPERTY LINE MOUNTAIN VIEW BLVDSa n Mi g u el Dr Vallecit o Ln My n a h Ct P al mer Rd La ur el Dr Ro s e wo o d DrBales DrHa z el wo o d Dr Ami g o Ln W al nut Bl vdSCALE: 1" = 200' 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 FEDERAL ID NO.:DB:JH CB:MH DATE:OCT 2015 SHEET 1 OF 1 MOUNTAIN VIEW BLVD PEDESTRIAN PROJECT PROJECT LAYOUT N Transportation Engineering Planning Cost Estimate Contra Costa County Public Works Department WO 4176 Project Name:San Miguel Drive Pedestrian Project Alternative:East side north of Shady Glen and west side south of Shady Glen Project Location:Blackwood Dr to Rudgear Rd Assumptions:R, TI=6 Project Length (ft):8,000 Date of Estimate:Oct. 6, 2015 Revision No.0 Revision Date Prepared by:Tianjun Cao Revised by No.Description Quantity Units Unit Cost Total 1 Construction Area Signs 15 EA 550.00$ 8,250$ 2 Traffic Control System 1 LS 50,000.00$ 50,000$ 3 Major Earthwork or ped bridge 1 LS 200,000.00$ 200,000$ 4 Remove Thermoplastic Traffic Stripe 8000 LF 2.00$ 16,000$ 5 Remove Concrete 1 LS 10,000.00$ 10,000$ 6 Remove AC 1 LS 15,000.00$ 15,000$ 7 Clearing and Grubbing 1 LS 150,000.00$ 150,000$ 8 Tree Protection 1 LS 100,000.00$ 100,000$ 9 Remove Tree 13 EA 1,200.00$ 15,600$ 10 Tree Decking 4 LS 15,000.00$ 60,000$ 11 Saw Cut Pavement Edges 8000 LF 2.00$ 16,000$ 12 Earthwork for Path 1750 CY 25.00$ 43,750$ 13 Graded Ditch/Swale 1000 LF 55.00$ 55,000$ 14 Class 2 Aggregate Base 4256 TON 45.00$ 191,520$ 15 Hot Mix Asphalt (Type A)6720 TON 115.00$ 772,800$ 16 Hot Mix Asphalt Dike 8000 LF 25.00$ 200,000$ 17 ADA Curb Ramp 16 EA 3,500.00$ 56,000$ 18 Driveway Conform 20 EA 10,000.00$ 200,000$ 19 Driveways 60 EA 5,000.00$ 300,000$ 20 Minor Concrete (Retaining Wall)1000 LF 140.00$ 140,000$ 21 Headwall 1 LS 14,000.00$ 14,000$ 22 Transition Ramps 4 EA 2,500.00$ 10,000$ 23 Guard Rail Replacement 1 LS 18,000.00$ 18,000$ 24 C.3 Provisions and Drainage Modifications 1 LS 100,000.00$ 100,000$ 25 Sign Relocation 1 LS 3,500.00$ 3,500$ 26 No Parking Sign (R-26)5 EA 350.00$ 1,750$ 27 Speed Feeback Sign 2 EA 13,000.00$ 26,000$ 28 Thermoplastic Traffic Stripe - Det. 27B, Right Edge Line 8000 LF 4.00$ 32,000$ 29 Mobilization 1 LS 281,000.00$ 281,000$ OTHER COSTS BY PHASE: PLAN Planning Engineering (TE)150,000$ CONTRACT ITEMS 3,086,000$ PE Preliminary Engineering (Design/Survey)*710,000$ OTHER COSTS (CON)513,000$ Utility Coordination (Design)50,000$ CONTINGENCY*463,000$ Environmental (Environmental, Real Property)100,000$ SUBTOTAL (CON)4,062,000$ R/W R/W Engineering (Survey)50,000$ SUBTOTAL (PLAN)150,000$ Real Property Labor 120,000$ SUBTOTAL (PE)860,000$ R/W Acquisition 2,500,000$ SUBTOTAL (R/W)2,670,000$ CON Construction Engineering *463,000$ Environmental Monitoring and Mitigation Fees 50,000$ GRAND TOTAL 7,742,000$ SUBTOTAL of OTHER COSTS (ALL)4,193,000$ CURRENT YEAR 2015 * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)ESCALATION YEAR 2021 * Construction Engineering is 15% of contract items. ($20,000 min.)ESCALATION RATE 17.3% * CONTINGENCY is 15% of contract items. ($10,000 min.)TOTAL (in 2021 dollars)$ 9,079,000 Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. H:\AOB\Central County AOB\Projects\San Miguel Estimate SCALE: 1" = 200' 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 FEDERAL ID NO.:DB:TC CB:MH DATE:OCT 2015 SHEET 1 OF 2 SAN MIGUEL DR PEDESTRIAN PROJECT PROJECT LAYOUT LEGEND: RIGHT OF WAY LINE/PARCEL LINE CONC. CURB RAMP DRIVEWAY CONFORM COUNTY LIMITS SHOULDER EXISTING OR PROPOSED PEDESTRIAN PATH N SCALE: 1" = 160' 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 FEDERAL ID NO.:DB:TC CB:MH DATE:OCT 2015 SHEET 2 OF 2 SAN MIGUEL DR PEDESTRIAN PROJECT PROJECT LAYOUT LEGEND: RIGHT OF WAY LINE/PARCEL LINE CONC. CURB RAMP DRIVEWAY CONFORM COUNTY LIMITS SHOULDER EXISTING OR PROPOSED PEDESTRIAN PATH N Nexus Study - Central County AOB Program 51 Appendix B Cost Estimates for Selected Projects in Central County AOB DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number WPH2 Project Name:Pleasant Hill Road Pedestrian and Bicycle Improvements Project Location:Pleasant Hill Road from Geary Road to Taylor Boulevard Description Project Length (ft): Date of Estimate:Jul. 6, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Earthwork 27650 SF $2.00 55,300$ 2 Class 2 Aggregate Base 2048 CY $65.00 133,130$ 3 Sidewalk 27650 SF $8.00 221,200$ 4 Striping 9100 LF $3.00 27,300$ 5 Install curb & gutter 9100 LF $35.00 318,500$ 6 Signage 1 LS $1,000.00 1,000$ 7 ADA curb ramp (w/ detectable warning surface)10 EA $4,200.00 42,000$ 8 Clearing and grubbing 1 LS $30,000.00 30,000$ 9 Temporary traffic control 1 LS $79,800.00 79,800$ 10 Prepare Water Pollution Control Plan 1 LS $6,000.00 6,000$ 11 Mobilization 1 LS 91,400.00$ 91,400$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)914,000$ Project Number WPH2 Planning Engineering (TE)138,000$ Contract Items 1,005,400$ Preliminary Engineering (Design/Survey)*403,000$ Other Costs (CON)151,000$ Utility Coordination (Design)80,000$ Contingency*151,000$ Environmental (Environmental, Real Property)100,000$ Subtotal (Contract Items)1,307,400$ R/W Engineering (Survey)50,000$ Subtotal (Plan)138,000$ Real Property Labor 120,000$ Subtotal (PE)583,000$ R/W Acquisition 150,000$ Subtotal (R/W)320,000$ Construction Engineering *151,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)1,192,000$ Grand Total 2,348,400$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 15% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)2,754,000$ Project would install curb/gutter and prohibit curbside parking to install buffered bicycle lanes using the existing and new pavement on both sides of the roadway. New 5' sidewalks would be constructed along both sides of the roadway. Several feet of right of way would need to be acquired from four properties on the north side: 169-070-054, 169-070-055, 169- 070-049, 169-070-009. Approximately 1760' of bike lane with 2 foot buffer, sidewalk, curb, and gutter and 600' of curb/gutter only on the north side Approximately 2190' of bike lane with 2 foot buffer, sidewalk, curb, and gutter on the south side Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project WPH2: Pleasant Hill Road Pedestrian and Bicycle Improvements Install new buffered bike lane, sidewalk, curb, and gutter Install new buffered bike lane, curb and gutter DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number WPH3 Project Name:Reliez Valley Road Bicycle Improvements Project Location:Reliez Valley Road from Withers Avenue to Grayson Road Description Project Length (ft): Date of Estimate:Aug. 28, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B . Sidhu No.Description Quantity Units Unit Cost Total 1 Clearing and grubbing 7750 SF $2.00 15,500$ 2 Earthwork 7750 SF $4.00 31,000$ 3 Class 2 Aggregate Base 574 CY $65.00 37,315$ 4 Hot Mix Asphalt (Type A)256 Ton $125.00 31,969$ 5 Curb & gutter 775 LF $35.00 27,125$ 6 Restripe roadway 775 LF $10.00 7,750$ 7 Misc. drainage modifications 1 LS $45,200.00 45,200$ 1.Subtotal:195,859$ 8 Restripe roadway 950 LF $10.00 9,500$ 2.Subtotal:258,309$ 9 Clearing and grubbing 27750 SF $2.00 55,500$ 10 Earthwork 27750 SF $6.00 166,500$ 11 Class 2 Aggregate Base 2056 CY $65.00 133,611$ 12 Hot Mix Asphalt (Type A)916 Ton $125.00 114,469$ 13 Sidewalk 12500 SF $8.00 100,000$ 14 Curb & gutter 2775 LF $35.00 97,125$ 15 Restripe roadway 2775 LF $10.00 27,750$ 16 Retaining wall 3920 SF $85.00 333,200$ 17 Misc. drainage modifications 1 LS $208,500.00 208,500$ 3.Subtotal:1,504,463$ 18 Signage 1 LS $2,500.00 2,500$ 19 Temporary traffic control 1 LS $195,900.00 195,900$ 20 Prepare Water Pollution Control Plan 1 LS $6,000.00 6,000$ 21 Mobilization 1 LS 216,300.00$ 216,300$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)2,163,000$ 3.350' north of Stagecoach Drive to (L=2775') Project would construct two 5-foot bike lanes to enhance vehicle and bicyclist safety. From Withers Avenue to Gloria Terrace, the 25-foot cross section would be widened to 35-feet on the east side of the roadway (requiring major drainage modifications). From Gloria Terrace to 350- feet north of Stagecoach Drive, the 40-foot cross section would generally be restriped to provide bike lanes. In proximity to Stagecoach Drive, however, the presence of left turn pockets would force the elimination of on-street parking on the east side of the roadway to fit in the bike lanes. From north of Stagecoach Drive to Grayson Road, the 25-foot cross section would be widened to 35-feet on the east side of the roadway (requiring major drainage modifications and earthwork/retaining wall). 4500 1.Withers Avenue to Gloria Terrace (L=775') 2.Gloria Terrace to 350' north of Stagecoach Drive (L=950') Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project Number WPH3 Planning Engineering (TE)368,000$ Contract Items 2,379,300$ Preliminary Engineering (Design/Survey)*952,000$ Other Costs (CON)357,000$ Utility Coordination (Design)120,000$ Contingency*595,000$ Environmental (Environmental, Real Property)150,000$ Subtotal (Contract Items)3,331,300$ R/W Engineering (Survey)75,000$ Subtotal (Plan)368,000$ Real Property Labor 150,000$ Subtotal (PE)1,222,000$ R/W Acquisition/ Temp. Construction Easements 1,065,000$ Subtotal (R/W)1,290,000$ Construction Engineering *357,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)3,237,000$ Grand Total 6,211,300$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 25% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)7,284,000$ Project WPH3: Reliez Valley Road Bicycle Improvements Gloria Terrace Grayson Rd Withers AveReliez Valley RdWiden roadway by 10-feet Stripe 5-foot bike lanes Widen roadway by 10-feet Transportation Engineering Planning Cost Estimate Contra Costa County Public Works Department WPH 4 Project Name:Taylor Boulevard/ Gloria Terrace Intersection Improvements Alternative: Project Location: Taylor Boulevard/ Gloria Terrace Assumptions:R=5, TI=9 Project Length (ft):825 Date of Estimate:Aug. 28, 2017 Revision No.0 Revision Date Prepared by:Connor Phippen Revised by No.Description Quantity Units Unit Cost Total 1 Construction Area Signs 6 EA 400.00$ 2,400$ 2 Traffic Control System 1 LS 20,000.00$ 20,000$ 3 Prepare Water Pollution Control Plan 1 LS 2,000.00$ 2,000$ 4 Remove Thermoplastic Traffic Stripe 550 LF 1.20$ 660$ 5 Structural Concrete (Retaining Wall)355 CY 1,500.00$ 532,500$ 6 Bar Reinforcing Steel (Retaining Wall)22025 LB 2.00$ 44,050$ 7 Slope Excavation 831 CY 100.00$ 83,100$ 8 Remove Curb 725 LF 10.00$ 7,250$ 9 Install S1-6 Curb 725 LF 50.00$ 36,250$ 10 Bike Lane Symbol Pavement Marking 2 EA 180.00$ 360$ 11 Type I Arrow Striping 2 EA 250.00$ 500$ 12 Remove Pavement 825 SF 0.24$ 198$ 13 Clearing and Grubbing 1 LS 5,000.00$ 5,000$ 14 Remove Tree 8 EA 2,000.00$ 16,000$ 15 Saw Cut Pavement Edges 825 LF 1.50$ 1,238$ 16 Roadway Excavation 746 CY 170.00$ 126,820$ 17 Imported Material (Shoulder Backing)52 TON 200.00$ 10,400$ 18 Class 2 Aggregate Base 1097 TON 40.00$ 43,880$ 19 Hot Mix Asphalt (Type A)1454 TON 170.00$ 247,180$ 20 4-Strand Wire Fence Relocation 0 LF -$ -$ 21 Thermoplastic Detail 27B 1200 LF 0.60$ 720$ OTHER COSTS BY PHASE:CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)1,181,000$ PLAN Planning Engineering (TE)80,000$ CONTRACT ITEMS 1,300,000$ PE Preliminary Engineering (Design/Survey)*200,000$ OTHER COSTS (CON)205,000$ Utility Coordination (Design)15,000$ CONTINGENCY*195,000$ Environmental (Environmental, Real Property)100,000$ SUBTOTAL (CON)1,700,000$ R/W R/W Engineering (Survey)40,000$ SUBTOTAL (PLAN)80,000$ Real Property Labor -$ SUBTOTAL (PE)315,000$ R/W Acquisition -$ SUBTOTAL (R/W)40,000$ CON Construction Engineering *195,000$ Environmental Monitoring and Mitigation Fees 10,000$ GRAND TOTAL 2,135,000$ SUBTOTAL of OTHER COSTS (ALL)640,000$ CURRENT YEAR 2015 *Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)ESCALATION YEAR 2021 *Construction Engineering is 15% of contract items. ($20,000 min.)ESCALATION RATE 17.3% * CONTINGENCY is 15% of contract items. ($10,000 min.)TOTAL (in 2021 dollars)2,504,000$ DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number NL1 Project Name:Fish Ranch Road Safety Improvements Project Location:Fish Ranch Road from SR-24 to Grizzly Peak Road Description Project Length (ft): Date of Estimate:Aug. 28, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Earthwork 36500 SF $8.00 292,000$ 2 Class 2 Aggregate Base 2704 CY $65.00 175,741$ 3 Hot Mix Asphalt (Type A)1205 Ton $125.00 150,563$ 4 Striping 7300 LF $3.00 21,900$ 5 Clearing and grubbing 1 LS $100,000.00 100,000$ 6 Retaining wall 9000 SF $85.00 765,000$ 7 Misc. drainage modifications 1 LS $111,000.00 111,000$ 8 Temporary traffic control 1 LS $74,000.00 74,000$ 9 Prepare Water Pollution Control Plan 1 LS $6,000.00 6,000$ 10 Mobilization 1 LS 169,600.00$ 169,600$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)1,696,000$ Project Number NL1 Planning Engineering (TE)255,000$ Contract Items 1,865,600$ Preliminary Engineering (Design/Survey)*747,000$ Other Costs (CON)280,000$ Utility Coordination (Design)80,000$ Contingency*467,000$ Environmental (Environmental, Real Property)1,050,000$ Subtotal (Contract Items)2,612,600$ R/W Engineering (Survey)50,000$ Subtotal (Plan)255,000$ Real Property Labor 75,000$ Subtotal (PE)1,877,000$ R/W Acquisition 91,800$ Subtotal (R/W)216,800$ Construction Engineering *280,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)2,628,800$ Grand Total 4,961,400$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 25% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)5,818,000$ The project will enhance vehicle and bicycle safety by widening Fish Ranch Road to provide shoulders in accordance with County standards. Additional right-of-way will be required to accommodate drainage. 3650 Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project NL1: Fish Ranch Road Safety Improvements Start of Project End of Project Acquire 6' r/w Retaining structure DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number NL2 Project Name:San Pablo Dam Road Safety Improvements Project Location:San Pablo Dam Rd from Camino Pablo to west of Old San Pablo Dam Rd (Central AOB Boundary) Description Project Length (ft): Date of Estimate:Aug. 28, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Clearing and grubbing 9225 SF $3.00 27,675$ 2 Earthwork 9225 SF $8.00 73,800$ 3 Class 2 Aggregate Base 683 CY $65.00 44,417$ 4 Hot Mix Asphalt (Type A)304 Ton $125.00 38,053$ 5 Retaining wall 3500 SF $85.00 297,500$ 6 Install concrete median barrier 1400 LF $75.00 105,000$ 7 Install rumble strips (both shoulders)2800 LF $0.60 1,680$ 8 Striping 5600 LF $3.00 16,800$ 9 Misc. drainage modifications 1 LS $90,700.00 90,700$ 1.Subtotal:695,625$ 10 Clearing and grubbing 6000 SF $3.00 18,000$ 11 Earthwork 6000 SF $8.00 48,000$ 12 Class 2 Aggregate Base 444 CY $65.00 28,889$ 13 Hot Mix Asphalt (Type A)198 Ton $125.00 24,750$ 14 Retaining wall 1750 SF $85.00 148,750$ 15 Remove existing median 750 LF $15.00 11,250$ 16 Install concrete median barrier 750 LF $75.00 56,250$ 17 Install rumble strips (both shoulders)1500 LF $0.60 900$ 18 Striping 3000 LF $3.00 9,000$ 19 Misc. drainage modifications 1 LS $51,900.00 51,900$ 2.Subtotal:397,689$ 20 Clearing and grubbing 2400 LS $3.00 7,200$ 21 Earthwork 2400 SF $8.00 19,200$ 22 Class 2 Aggregate Base 178 CY $65.00 11,556$ 23 Hot Mix Asphalt (Type A)79 Ton $125.00 9,900$ 24 Retaining wall 1500 SF $85.00 127,500$ 25 Remove existing median 300 LF $15.00 4,500$ 26 Install concrete median barrier 300 LF $75.00 22,500$ 27 Install rumble strips (both shoulders)1160 LF $0.60 696$ 28 Striping 1760 LF $3.00 5,280$ 29 Misc. drainage modifications 1 LS $31,200.00 31,200$ 3.Subtotal:239,532$ 3.Old San Pablo Dam Road to End of Existing Median (L=580') 5740 1.Bear Creek Road to start of existing median (L=1400') 2.Start of Existing Median to Old San Pablo Dam Road (L=750') The project will enhance safety by widening and converting the roadway to a fully divided highway with bicycle improvements. The project is assumed to construct a median with concrete curb, where it doesn't already exist, and install rumble strips. Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. 30 Clearing and grubbing 17460 LS $3.00 52,380$ 31 Earthwork 17460 SF $4.00 69,840$ 32 Class 2 Aggregate Base 1293 CY $65.00 84,067$ 33 Hot Mix Asphalt (Type A)576 Ton $125.00 72,023$ 34 Retaining wall 4000 SF $85.00 340,000$ 35 Install concrete median barrier 2910 LF $75.00 218,250$ 36 Install rumble strips (both shoulders)5820 LF $0.60 3,492$ 37 Striping 8730 LF $3.00 26,190$ 38 Misc. drainage modifications 1 LS $129,900.00 129,900$ 4.Subtotal:996,141$ 39 Signage 1 LS $2,000.00 2,000$ 40 Temporary traffic control 1 LS $58,200.00 58,200$ 41 Prepare Water Pollution Control Plan 1 LS $6,000.00 6,000$ 42 Mobilization 1 LS 239,500.00$ 239,500$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)2,395,000$ Project Number NL2 Planning Engineering (TE)360,000$ Contract Items 2,634,500$ Preliminary Engineering (Design/Survey)*659,000$ Other Costs (CON)396,000$ Utility Coordination (Design)60,000$ Contingency*659,000$ Environmental (Environmental, Real Property)410,000$ Subtotal (Contract Items)3,689,500$ R/W Engineering (Survey)-$ Subtotal (Plan)360,000$ Real Property Labor -$ Subtotal (PE)1,129,000$ R/W Acquisition -$ Subtotal (R/W)-$ Construction Engineering *396,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)1,885,000$ Grand Total 5,178,500$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 25% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)6,073,000$ 4.End of Existing Median to AOB Boundary (L=2910') Project NL2: San Pablo Dam Road Safety Improvements End of Project Start of Project Existing median DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number NL5 Project Name:Bear Creek Road/Happy Valley Road Intersection Safety Improvements Project Location:Bear Creek Road and Happy Valley Road Description Project Length (ft):N/A Date of Estimate:Aug. 28, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Install R1-1 Sign with enhanced conspicuity 1 EA 500.00$ 500$ 2 Stripe new pavement legends 1 LS 1,000.00$ 1,000$ 3 Mobilization 1 LS 200.00$ 200$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)2,000$ Project Number NL5 Planning Engineering (TE)-$ Contract Items 2,200$ Preliminary Engineering (Design/Survey)*15,000$ Other Costs (CON)-$ Utility Coordination (Design)-$ Contingency*1,000$ Environmental (Environmental, Real Property)-$ Subtotal (Contract Items)3,200$ R/W Engineering (Survey)-$ Subtotal (Plan)-$ Real Property Labor -$ Subtotal (PE)15,000$ R/W Acquisition -$ Subtotal (R/W)-$ Construction Engineering *-$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)15,000$ Grand Total 18,200$ * CONTINGENCY is 15% of contract items.Current Year 2015 Escalation Year 2021 Escalation Factor 17.3% TOTAL (in 2021 dollars)21,000$ Project will implement all-way stop control (AWSC) at the intersection. Enhanced conspicuity stop signs are recommended for the approaches that are currently uncontrolled. Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project NL5: Bear Creek Road/Happy Valley Road Intersection Safety Improvements DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number SL1 Project Name:Pinehurst Road and Canyon Road Bicycle Improvements Project Location:Canyon Road from the Lafayette/Moraga Regional Trail to Pinehurst Road and Pinehurst Road from Canyon Road to the Alameda County line Description Project Length (ft): Date of Estimate:Sep. 2, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C.Shew Revised by No.Description Quantity Units Unit Cost Total A Clearing and grubbing 1 LS $2,500.00 2,500$ B Earthwork 320 SF $10.00 3,200$ C Class 2 Aggregate Base 24 CY $65.00 1,541$ D Hot Mix Asphalt (Type A)11 Ton $125.00 1,320$ E Retaining wall 56 LF $250.00 14,000$ F Striping 1 LS $1,000.00 1,000$ G Signage 1 LS $1,000.00 1,000$ H Misc. drainage modifications 1 LS $7,400.00 7,400$ Subtotal Per Turnout:31,960$ 1 Canyon Road Bike Turnouts 2 EA 31,960$ 63,920$ 2 Pinehurst Road Bike Turnouts 15 EA 31,960$ 479,400$ 3 Temporary traffic control 1 LS $54,300.00 54,300$ 4 Prepare Water Pollution Control Plan 1 LS $12,000.00 12,000$ 5 Environmental Monitoring and Mitigation 1 LS $25,000.00 25,000$ 6 Mobilization and re-mobilization 1 LS 127,000.00$ 127,000$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)635,000$ Project Number SL1 Planning Engineering (TE)100,000$ Contract Items 762,000$ Preliminary Engineering (Design/Survey)*305,000$ Other Costs (CON)115,000$ Utility Coordination (Design)50,000$ Contingency*191,000$ Environmental (Environmental, Real Property)160,000$ Subtotal (Contract Items)1,068,000$ R/W Engineering (Survey)-$ Subtotal (Plan)100,000$ Real Property Labor -$ Subtotal (PE)515,000$ R/W Acquisition/ Temp. Construction Easements -$ Subtotal (R/W)-$ Construction Engineering *115,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)730,000$ Grand Total 1,683,000$ *Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 *Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 25% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)1,974,000$ Canyon Road (2 turnouts) and Pinehurst Road (15 bike turnouts) The project will construct bike turnouts/rest stops every half-mile (on each side of the road) along a large portion of Canyon Road and Pinehurst Road. The turnouts would be staggered such that there is one every quarter mile (looking at both sides of the road). Widening the roadway shoulders to add bike lanes was considered, but decided infeasible due to environmental concerns over the protected watershed. 3380 feet (on Canyon Road); 20750 feet (on Pinehurst Road) Estimated Cost per Bike Rest Area/Turnout Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project SL1: Pinehurst Road and Canyon Road Bicycle Improvements Project segments DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number EC2 Project Name:Ayers Road/Concord Boulevard Intersection Improvements Project Location:Ayers Road and Concord Boulevard Description Project Length (ft): Date of Estimate:Jul. 6, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Earthwork 1275 SF $2.00 2,550$ 2 Class 2 Aggregate Base 94 CY $65.00 6,139$ 3 Hot Mix Asphalt (Type A)53 Ton $125.00 6,574$ 4 Sidewalk 1275 SF $8.00 10,200$ 5 ADA curb ramp (w/ detectable warning surface)1 EA $4,200.00 4,200$ 6 Traffic signal modification (one quadrant)1 LS $100,000.00 100,000$ 7 Restripe intersection approach 1 LS $2,500.00 2,500$ 8 Install curb & gutter 75 LF $35.00 2,625$ 9 Signage 1 LS $1,000.00 1,000$ 10 Clearing and grubbing 1 LS $30,000.00 30,000$ 11 Temporary traffic control 1 LS $13,600.00 13,600$ 12 Prepare Water Pollution Control Plan 1 LS $6,000.00 6,000$ 13 Mobilization 1 LS 18,500.00$ 18,500$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)185,000$ Project Number EC2 Planning Engineering (TE)30,000$ Contract Items 203,500$ Preliminary Engineering (Design/Survey)*100,000$ Other Costs (CON)41,000$ Utility Coordination (Design)30,000$ Contingency*31,000$ Environmental (Environmental, Real Property)30,000$ Subtotal (Contract Items)275,500$ R/W Engineering (Survey)30,000$ Subtotal (Plan)30,000$ Real Property Labor 50,000$ Subtotal (PE)160,000$ R/W Acquisition 18,150$ Subtotal (R/W)98,150$ Construction Engineering *41,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)329,150$ Grand Total 563,650$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 15% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)661,000$ Project would add a southbound right turn lane to address an LOS deficiency. Some right of way would be needed. Sidewalk will need to be realigned at the northwest corner of the intersection. 75 Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project EC2: Ayers Road/Concord Boulevard Intersection Improvements New sidewalk Relocate traffic signal pole New right turn lane DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number EC3 Project Name:Ayers Road/Laurel Drive Intersection Safety Improvements Project Location:Ayers Road & Laurel Drive Description Project Length (ft):N/A Date of Estimate:Aug. 28, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Install traffic signal with safety lighting 4 EA 100,000.00$ 400,000$ 2 Earthwork 4350 SF $8.00 34,800$ 3 Class 2 Aggregate Base 322 CY $65.00 20,944$ 4 Hot Mix Asphalt (Type A)144 Ton $125.00 17,944$ 5 Sidewalk 3010 SF 8.00$ 24,080$ 6 Install curb and gutter 430 LF 35.00$ 15,050$ 7 ADA curb ramp (w/ detectable warning surface)8 EA 4,200.00$ 33,600$ 8 Removal of signs 1 LS 500.00$ 500$ 9 Sandblast existing pavement legends 1 LS 1,000.00$ 1,000$ 10 Thermoplastic striping for crosswalks 1 LS 2,000.00$ 2,000$ 11 Restripe intersection approach 4 EA 2,500.00$ 10,000$ 12 Temporary traffic control 1 LS 14,000.00$ 14,000$ 13 Prepare Water Pollution Control Plan 1 LS 6,000.00$ 6,000$ 14 Mobilization 1 LS 58,000.00$ 58,000$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)580,000$ Project Number EC3 Planning Engineering (TE)87,000$ Contract Items 638,000$ Preliminary Engineering (Design/Survey)*217,000$ Other Costs (CON)96,000$ Utility Coordination (Design)60,000$ Contingency*96,000$ Environmental (Environmental, Real Property)60,000$ Subtotal (Contract Items)830,000$ R/W Engineering (Survey)-$ Subtotal (Plan)87,000$ Real Property Labor -$ Subtotal (PE)337,000$ R/W Acquisition -$ Subtotal (R/W)-$ Construction Engineering *96,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)520,000$ Grand Total 1,254,000$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 15% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)1,471,000$ Project will widen the Ayers Road approach to the intersection with Laurel Drive, install new curb, gutter, sidewalk, and ADA curb ramps, and install a traffic signal. Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project EC3: Ayers Road/Laurel Drive Intersection Safety Improvements New curb, gutter, and sidewalk Widen roadway Signalize intersection New curb, gutter, and sidewalk Widen roadway DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number EC4 Project Name:Bailey Road/Myrtle Drive Intersection Improvements Project Location:Bailey Road and Myrtle Drive Description Project Length (ft): Date of Estimate:Jul. 6, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Earthwork 3500 SF $8.00 28,000$ 2 Construct retaining wall 200 LF $200.00 40,000$ 3 Class 2 Aggregate Base 259 CY $65.00 16,852$ 4 Hot Mix Asphalt (Type A)173 Ton $125.00 21,656$ 5 Striping 380 LF $5.00 1,900$ 6 Signage 1 LS $1,500.00 1,500$ 7 Clearing and grubbing 1 LS $30,000.00 30,000$ 8 Temporary traffic control 1 LS $11,000.00 11,000$ 9 Prepare Water Pollution Control Plan 1 LS $6,000.00 6,000$ 10 Mobilization 1 LS 15,700.00$ 15,700$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)157,000$ Project Number EC4 Planning Engineering (TE)100,000$ Contract Items 172,700$ Preliminary Engineering (Design/Survey)*150,000$ Other Costs (CON)35,000$ Utility Coordination (Design)30,000$ Contingency*26,000$ Environmental (Environmental, Real Property)30,000$ Subtotal (Contract Items)233,700$ R/W Engineering (Survey)-$ Subtotal (Plan)100,000$ Real Property Labor -$ Subtotal (PE)210,000$ R/W Acquisition -$ Subtotal (R/W)-$ Construction Engineering *35,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)345,000$ Grand Total 543,700$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 15% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)638,000$ Project would add a 200' southbound left turn bay to enhance intersection operations and safety. All of the widening would be on the west side. The southbound through lane would flare out at the intersection with a 90' taper. Some power poles would have to be relocated. 380 Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project EC4: Bailey Road/Myrtle Drive Intersection Improvements New through lane Stripe 200' of existing pavement as left turn pocket DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number EC6 Project Name:Bailey Road Shoulder Project Location:Bailey Road from 290' north of Myrtle Drive to 300' south of Myrtle Drive Description Project Length (ft): Date of Estimate:Jul. 6, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Earthwork 5320 SF $8.00 42,560$ 2 Class 2 Aggregate Base 394 CY $65.00 25,615$ 3 Hot Mix Asphalt (Type A)176 Ton $125.00 21,945$ 4 Striping 665 LF $3.00 1,995$ 5 Signage 1 LS $1,500.00 1,500$ 6 Clearing and grubbing 1 LS $30,000.00 30,000$ 7 Temporary traffic control 1 LS $9,400.00 9,400$ 8 Prepare Water Pollution Control Plan 1 LS $6,000.00 6,000$ 9 Mobilization 1 LS 13,900.00$ 13,900$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)139,000$ Project Number EC6 Planning Engineering (TE)100,000$ Contract Items 152,900$ Preliminary Engineering (Design/Survey)*150,000$ Other Costs (CON)31,000$ Utility Coordination (Design)30,000$ Contingency*23,000$ Environmental (Environmental, Real Property)30,000$ Subtotal (Contract Items)206,900$ R/W Engineering (Survey)-$ Subtotal (Plan)100,000$ Real Property Labor -$ Subtotal (PE)210,000$ R/W Acquisition -$ Subtotal (R/W)-$ Construction Engineering *31,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)341,000$ Grand Total 516,900$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 15% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)606,000$ Project would widen Bailey Road to add an 8' shoulder to enhance vehicle and bicycle safety. The earthwork and retaining wall costs that would be required north of Myrtle Drive are assumed as part of Project EC4. 665 Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project EC6: Bailey Road Shoulder New 8' shoulder DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number CCC1 Project Name:Las Juntas Way/Coggins Drive Intersection Improvements Project Location:Las Juntas Way and Coggins Drive Description Project Length (ft):N/A Date of Estimate:Jul. 6, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Install traffic signal with safety lighting 4 EA 75,000.00$ 300,000$ 2 Removal of signs 1 LS 500.00$ 500$ 3 Sandblast existing pavement legends 1 LS 1,000.00$ 1,000$ 4 Thermoplastic striping for crosswalks 1 LS 2,000.00$ 2,000$ 5 Restripe intersection approach 4 EA 2,500.00$ 10,000$ 6 Temporary traffic control 1 LS 8,000.00$ 8,000$ 7 Prepare Water Pollution Control Plan 1 EA $6,000.00 6,000$ 8 Mobilization 1 LS 32,800.00$ 32,800$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)328,000$ Project Number CCC1 Planning Engineering (TE)50,000$ Contract Items 360,800$ Preliminary Engineering (Design/Survey)*123,000$ Other Costs (CON)73,000$ Utility Coordination (Design)40,000$ Contingency*55,000$ Environmental (Environmental, Real Property)30,000$ Subtotal (Contract Items)488,800$ R/W Engineering (Survey)-$ Subtotal (Plan)50,000$ Real Property Labor -$ Subtotal (PE)193,000$ R/W Acquisition -$ Subtotal (R/W)-$ Construction Engineering *73,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)316,000$ Grand Total 731,800$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 15% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)858,000$ Project will signalize the intersection of Las Juntas Way and Coggins Drive. Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project CCC1: Las Juntas Way/Coggins Drive Intersection Improvements New traffic signal DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number CCC2 Project Name:Buskirk Ave./Oak Road - Northbound I-680 Corridor Improvements Project Location:Between Treat Boulevard and Oak Road Description Project Length (ft): Date of Estimate:Sep. 25, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by No.Description Quantity Units Unit Cost Total 1 Stripe third northbound lane 450 LF $3.00 1,350$ 2 Modify pork chop and striping for westbound right 1 LS $7,500.00 7,500$ 3 Sandblast existing striping 1 LS $1,000.00 1,000$ 4 Stripe new pavement legends 1 LS $1,000.00 1,000$ 5 Signage 1 LS $2,000.00 2,000$ 6 ADA curb ramp (w/ detectable warning surface)2 EA $4,200.00 8,400$ 1.Subtotal:21,250$ 7 Demolish concrete islands 380 SF $7.00 2,660$ 8 Earthwork 380 SF $2.00 760$ 9 Class 2 Aggregate Base 28 CY $65.00 1,830$ 10 Hot Mix Asphalt (Type A)13 Ton $125.00 1,568$ 11 Relocate signal poles, controller, and service 1 LS $200,000.00 200,000$ 12 Sandblast existing striping 1 LS $1,000.00 1,000$ 13 Restripe intersection approach 3 EA $1,500.00 4,500$ 14 Signage 1 LS $2,000.00 2,000$ 15 ADA curb ramp (w/ detectable warning surface)1 EA $4,200.00 4,200$ 2.Subtotal:206,817$ 16 Demolish existing sidewalk 3780 SF $3.00 11,340$ 17 Clear and remove existing landscaping 1 LS $30,000.00 30,000$ 18 Earthwork 7560 SF $2.00 15,120$ 19 Class 2 Aggregate Base 560 CY $65.00 36,400$ 20 Hot Mix Asphalt (Type A)249 Ton $125.00 31,185$ 21 Curb and gutter 630 LF $35.00 22,050$ 22 Misc. drainage modifications 1 LS $29,200.00 29,200$ 23 Sidewalk 3780 SF $8.00 30,240$ 24 Striping 630 LF $3.00 1,890$ 25 Reconstruct existing driveway 2 EA $5,000.00 10,000$ 26 Relocate street light 3 EA $2,500.00 7,500$ 27 Signage 1 LS $2,000.00 2,000$ 28 ADA curb ramp (w/ detectable warning surface)2 EA $4,200.00 8,400$ 3.Subtotal:235,325$ 29 Demolish existing sidewalk 3000 SF $3.00 9,000$ 30 Clear and remove existing landscaping 1 LS $30,000.00 30,000$ 31 Earthwork 6000 SF $2.00 12,000$ The project will increase capacity for traffic on northbound Buskirk Avenue and Oak Road to access northbound I-680. Improvements may be made on Buskirk Avenue or parallel roadways. 4.Buskirk Avenue from the I-680 Northbound On-Ramp to Oak Road 1.Buskirk Avenue from Treat Boulevard to Wayne Drive (L=450 ft) 1850 2.Buskirk Avenue and Wayne Drive Intersection 3.Buskirk Avenue from Wayne Drive to the I-680 Northbound On-Ramp Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. 32 Class 2 Aggregate Base 444 CY $65.00 28,889$ 33 Hot Mix Asphalt (Type A)198 Ton $125.00 24,750$ 34 Curb and gutter 500 LF $35.00 17,500$ 35 Misc. drainage modifications 1 LS $24,400.00 24,400$ 36 Sidewalk 3000 SF $8.00 24,000$ 37 Striping 500 LF $3.00 1,500$ 38 Relocate street light 2 EA $2,500.00 5,000$ 39 Signage 1 LS $2,000.00 2,000$ 4.Subtotal:179,039$ 40 Clearing and grubbing 1 LS $30,000.00 30,000$ 41 Earthwork 9500 SF $2.00 19,000$ 42 Class 2 Aggregate Base 704 CY $65.00 45,741$ 43 Hot Mix Asphalt (Type A)470 Ton $125.00 58,781$ 44 Curb and gutter 500 LF $35.00 17,500$ 45 Misc. drainage modifications 1 LS $34,200.00 34,200$ 46 Striping 500 LF $6.00 3,000$ 47 Install new street lights 2 EA $5,000.00 10,000$ 48 Signage 1 LS $2,000.00 2,000$ 5.Subtotal:220,222$ 49 Temporary traffic control 1 LS $86,300.00 86,300$ 50 Prepare Water Pollution Control Plan 1 LS $6,000.00 6,000$ 51 Mobilization 1 LS 95,500.00$ 95,500$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)955,000$ Project Number CCC2 Planning Engineering (TE)144,000$ Contract Items 1,050,500$ Preliminary Engineering (Design/Survey)*358,000$ Other Costs (CON)158,000$ Utility Coordination (Design)90,000$ Contingency*263,000$ Environmental (Environmental, Real Property)170,000$ Subtotal (Contract Items)1,471,500$ R/W Engineering (Survey)50,000$ Subtotal (Plan)144,000$ Real Property Labor 120,000$ Subtotal (PE)618,000$ R/W Acquisition 150,000$ Subtotal (R/W)320,000$ Construction Engineering *158,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)1,240,000$ Grand Total 2,553,500$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 25% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)2,995,000$ 5.Buskirk Avenue Connection to Oak Road On-Ramp to I-680 North, and On-Ramp Modifications Project CCC2: Buskirk Ave./Oak Road - Northbound I-680 Corridor Improvements Restripe northbound departure for three lanes Demolish concrete island to carry third northbound through lane Widen roadway on east side for third northbound lane and reconstruct s/w Relocate signal equipment Modify pork chop island and striping to make westbound right traffic come into its own lane Buskirk AveTreat Blvd Project CCC2: Buskirk Ave./Oak Road - Northbound I-680 Corridor Improvements Construct new connection to I-680 NB on-ramp Realign existing I-680 NB on- ramp and widen to two lanes Widen roadway on east side for second NB lane and reconstruct s/w Shift existing right turn pocket to the east. R/W required.Buskirk Ave DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number CCC3 Project Name:Treat Boulevard Bicycle and Pedestrian Improvements Project Location:Treat Boulevard from Main Street to Jones Road Description Project Length (ft): Date of Estimate:Jul. 6, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Demolish existing pork chop island 675 SF $3.00 2,025$ 2 New pork chop island 500 SF $7.00 3,500$ 3 Shorten median nose 20 LF $10.00 200$ 4 Sandblast existing striping 1 LS $1,000.00 1,000$ 5 Stripe high-visibility crosswalk 5 EA $1,500.00 7,500$ 6 Stripe sharrow 9 EA $250.00 2,250$ 7 Stripe set-back limit line 400 LF $3.00 1,200$ 8 Stripe two-stage turn waiting area 2 EA $1,000.00 2,000$ 9 Modify traffic signal to add bicycle signal heads 1 LS $100,000.00 100,000$ 10 Reconstruct retaining wall at bicycle waiting area 75 LF $200.00 15,000$ 11 ADA curb ramp (w/ detectable warning surface)10 EA $4,200.00 42,000$ 12 Earthwork and clear landscaping 400 SF $2.00 800$ 13 Widen southwest sidewalk 400 SF $8.00 3,200$ 1.Subtotal:180,675$ 14 Sandblast existing striping 1 LS $1,000.00 1,000$ 15 Restripe to narrow lanes 2370 LF $3.00 7,110$ 16 Stripe sharrow 2 EA $250.00 500$ 17 Demolish existing asphalt 4620 SF $3.00 13,860$ 18 Widen north sidewalk to 12'4620 SF $8.00 36,960$ 19 New curb and gutter 660 LF $35.00 23,100$ 20 Earthwork and clear landscaping 1925 SF $2.00 3,850$ 21 Construct 7' south sidewalk 3885 SF $8.00 31,080$ 22 Stripe high-visibility crosswalk 1 EA $1,500.00 1,500$ 23 ADA curb ramp (w/ detectable warning surface)2 EA $4,200.00 8,400$ 2.Subtotal:127,360$ 24 Demolish existing pork chop island 660 SF $3.00 1,980$ 25 New pork chop island 320 SF $8.00 2,560$ 26 Sandblast existing striping 1 LS $1,000.00 1,000$ 27 Stripe high-visibility crosswalk 5 EA $1,500.00 7,500$ 28 Install raised crosswalk 1 EA $5,000.00 5,000$ The project will provide for two-way bicycle travel along the north side of Treat Boulevard and enhance pedestrian travel on the south side. High visibility “ladder” type crosswalk striping, yield lines and signs would be provided at the channelized right-turns. All curb ramps would be replaced to meet ADA standards. Removing the southbound channelized right turn at Oak Road and Jones Road will eliminate the weaving of westbound motorists between Oak Road and the I-680 ramps, improving traffic operations and safety. In order to prevent queuing issues, a double southbound right turn will be implemented at this location, and the travel lanes shifted eastward. Additional features include traffic signal hardware upgrades and bicycle signal heads at some locations, as well as a bicycle waiting area and the intersection of Treat Boulevard and Main Street. N/A 1.Treat Boulevard and Main Street 2.Treat Boulevard from Main Street to Buskirk Avenue 3.Treat Boulevard and Buskirk Avenue Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. 29 ADA curb ramp (w/ detectable warning surface)10 EA $4,200.00 42,000$ 30 Upgrade signal hardware (or relocate Type 1-B pole)1 LS $10,000.00 10,000$ 3.Subtotal:70,040$ 31 Restripe ex. 10' sidewalk for two-way shared use 420 LF $3.00 1,260$ 32 Bike ramp from sidewalk to slip lane 1 EA $3,000.00 3,000$ 33 Restripe slip lane to two-way bike lane 200 LF $3.00 600$ 34 Demolish asphalt 800 SF $3.00 2,400$ 35 Install planter to close slip lane access 800 SF $10.00 8,000$ 36 Curb and gutter 100 LF $35.00 3,500$ 37 Add "bikes yield to pedestrians" signs 2 EA $500.00 1,000$ 38 Stripe sharrow 9 EA $250.00 2,250$ 4.Subtotal:22,010$ 39 Modify traffic signal to add bicycle signal heads 1 LS $100,000.00 100,000$ 40 Relocate mast arm signal at NW pork chop 1 EA $100,000.00 100,000$ 41 Relocate mast arm signal at NE pork chop 1 EA $100,000.00 100,000$ 42 Lengthen mast arm signal at SW quadrant 1 EA $100,000.00 100,000$ 43 Sandblast existing striping 1 LS $1,000.00 1,000$ 44 Stripe high-visibility crosswalk 4 EA $1,500.00 6,000$ 45 Demolish existing pork chop island on NE corner 350 SF $3.00 1,050$ 46 Extend NW corner pork chop to create one-way bike lane 1500 SF $8.00 12,000$ 47 New curb and gutter for one-way bike lane 250 LF $35.00 8,750$ 48 Stripe one-way bike lane 300 LF $3.00 900$ 49 New curb and gutter on NE corner 300 LF $35.00 10,500$ 50 Restripe intersection approach for bike bays 3 EA $2,500.00 7,500$ 51 Stripe sharrow 9 EA $250.00 2,250$ 52 ADA curb ramp (w/ detectable warning surface)10 EA $4,200.00 42,000$ 53 Demolish median on SB Oak approach 2200 SF $3.00 6,600$ 54 Cut back median nose on east leg 50 LF $20.00 1,000$ 55 Demolish existing sidewalk, curb & gutter (NE corner 2800 SF $3.00 8,400$ 56 New landscaped median 200 LF $100.00 20,000$ 57 Earthwork 3600 SF $2.00 7,200$ 58 Class 2 Aggregate Base 267 CY $65.00 17,333$ 59 Hot Mix Asphalt (Type A)178 Ton $125.00 22,275$ 60 Restripe roadway 1000 LF $3.00 3,000$ 61 New south sidewalk 1200 SF $8.00 9,600$ 5.Subtotal:587,358$ 62 Stripe sharrow 7 EA $250.00 1,750$ 63 Sandblast existing striping 1 LS $1,000.00 1,000$ 64 Restripe westbound right lane 150 LF $3.00 450$ 6.Subtotal:3,200$ 65 Stripe sharrow 2 EA $250.00 500$ 66 Sandblast existing striping 1 LS $1,000.00 1,000$ 67 Stripe high-visibility crosswalk 6 EA $1,500.00 9,000$ 7.Subtotal:10,500$ 68 Temporary traffic control 1 LS $99,100.00 99,100$ 69 Prepare Water Pollution Control Plan 1 LS $6,000.00 6,000$ 70 Mobilization 1 LS 110,600.00$ 110,600$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)1,106,000$ Project Number CCC3 Planning Engineering (TE)277,000$ Contract Items 1,216,600$ Preliminary Engineering (Design/Survey)*487,000$ Other Costs (CON)183,000$ Utility Coordination (Design)100,000$ Contingency*183,000$ Environmental (Environmental, Real Property)150,000$ Subtotal (Contract Items)1,582,600$ 7.Treat Boulevard and Jones Road 5.Treat Boulevard and Oak Road 6.Treat Boulevard from Oak Road to Jones Road 4.Treat Boulevard from Buskirk Avenue to Oak Road R/W Engineering (Survey)-$ Subtotal (Plan)277,000$ Real Property Labor -$ Subtotal (PE)737,000$ R/W Acquisition -$ Subtotal (R/W)-$ Construction Engineering *183,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)1,197,000$ Grand Total 2,596,600$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 15% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)3,045,000$ Project CCC3: Treat Boulevard Bicycle and Pedestrian Improvements Project CCC3: Treat Boulevard Bicycle and Pedestrian Improvements Widen southbound approach for dual SBR and shift lanes east Project CCC3: Treat Boulevard Bicycle and Pedestrian Improvements DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number CCC4 Project Name:Treat Boulevard Bicycle Improvements (east of Jones Road) Project Location:Treat Boulevard from Jones Road to the Walnut Creek Bridge Description Project Length (ft): Date of Estimate:Jul. 6, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B.Sidhu No.Description Quantity Units Unit Cost Total 1 Relocate traffic signal equipment (one quadrant)2 EA $100,000.00 200,000$ 2 Demolish existing median and landscaping 6000 SF $5.00 30,000$ 3 Demolish south side sidewalk 8820 SF $3.00 26,460$ 4 New concrete median with landscaping 980 LF $80.00 78,400$ 5 New south sidewalk 7840 LF $8.00 62,720$ 6 Earthwork 9800 SF $2.00 19,600$ 7 Class 2 Aggregate Base 726 CY $65.00 47,185$ 8 Hot Mix Asphalt (Type A)485 Ton $125.00 60,638$ 9 Relocate signs and bus stop bench 1 LS $10,000.00 10,000$ 10 Restripe roadway 980 LF $25.00 24,500$ 1.Subtotal:559,503$ 11 Relocate traffic signal equipment (one quadrant)2 EA $100,000.00 200,000$ 12 Narrow existing median and repair landscaping 370 LF $50.00 18,500$ 13 Demolish south side sidewalk 3600 SF $3.00 10,800$ 14 Earthwork 6000 SF $2.00 12,000$ 15 Class 2 Aggregate Base 444 CY $65.00 28,889$ 16 Hot Mix Asphalt (Type A)297 Ton $125.00 37,125$ 17 New south sidewalk 3600 SF $8.00 28,800$ 18 Stripe bike lanes 600 LF $12.00 7,200$ 2.Subtotal:343,314$ 19 Signage 1 LS $5,000.00 5,000$ 20 Temporary traffic control 1 LS $45,100.00 45,100$ 21 Prepare Water Pollution Control Plan 1 LS $6,000.00 6,000$ 22 Mobilization 1 LS 95,900.00$ 95,900$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)959,000$ Project Number CCC4 Planning Engineering (TE)144,000$ Contract Items 1,054,900$ Preliminary Engineering (Design/Survey)*500,000$ Other Costs (CON)159,000$ Utility Coordination (Design)50,000$ Contingency*211,000$ Environmental (Environmental, Real Property)90,000$ Subtotal (Contract Items)1,424,900$ R/W Engineering (Survey)50,000$ Subtotal (Plan)144,000$ Real Property Labor 120,000$ Subtotal (PE)640,000$ R/W Acquisition 500,000$ Subtotal (R/W)670,000$ Construction Engineering *159,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)1,613,000$ Grand Total 2,878,900$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 20% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)3,376,000$ Project would add 5' Class II bike lanes along Treat Boulevard from Jones Road to the Walnut Creek Bridge. This would be accomplished by narrowing the existing median and taking frontage where necessary. N/A 1.Treat Boulevard from Jones Road to Cherry Lane (L=980 ft) 2.Treat Boulevard from Cherry Lane to Walnut Creek Bridge (L=600') Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project CCC4: Treat Boulevard Bicycle Improvements (east of Jones Road) Widen 10' to the south within existing ROW Reconstruct median to shift lanes south Widen 10' to the south by acquiring new ROW Widen 5' to the north by narrowing median Widen 5' to the north by acquiring new ROW Widen 5' to the south by acquiring new ROW DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number CCC6 Project Name:Treat Boulevard/Jones Road Intersection Improvements Project Location:Treat Boulevard and Jones Road Description Project Length (ft): Date of Estimate:Jul. 6, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Demolish concrete median 240 LF $10.00 2,400$ 2 Demolish existing pork chop island 500 SF $3.00 1,500$ 3 Traffic signal modification (one quadrant)1 LS $100,000.00 100,000$ 4 Demolish existing 10' sidewalk 3000 SF $3.00 9,000$ 5 Clear existing landscaping 1000 SF $2.00 2,000$ 6 Earthwork 5040 SF $2.00 10,080$ 7 Class 2 Aggregate Base 373 CY $65.00 24,267$ 8 Hot Mix Asphalt (Type A)131 Ton $125.00 16,335$ 9 New concrete median with landscaping 240 LF $80.00 19,200$ 10 New pork chop island 500 SF $8.00 4,000$ 11 ADA curb ramp (w/ detectable warning surface)4 EA $4,200.00 16,800$ 12 Relocate street lights 5 EA $2,000.00 10,000$ 13 New 10' sidewalk 3000 SF $8.00 24,000$ 14 Striping 960 LF $3.00 2,880$ 1.Subtotal:242,462$ 15 Demolish existing pork chop island 200 SF $3.00 600$ 16 Traffic signal modification (one quadrant)1 LS $100,000.00 100,000$ 17 Demolish existing 10' sidewalk 1750 SF $3.00 5,250$ 18 Clear existing landscaping 1000 SF $2.00 2,000$ 19 Earthwork 2700 SF $2.00 5,400$ 20 Class 2 Aggregate Base 200 CY $65.00 13,000$ 21 Hot Mix Asphalt (Type A)191 Ton $125.00 23,822$ 22 New pork chop island 200 SF $8.00 1,600$ 23 ADA curb ramp (w/ detectable warning surface)4 EA $4,200.00 16,800$ 24 Relocate street lights 1 EA $2,000.00 2,000$ 25 New 10' sidewalk 1750 SF $8.00 14,000$ 26 Striping 1050 LF $3.00 3,150$ 2.Subtotal:187,622$ 27 Signage 1 LS $1,000.00 1,000$ 28 Temporary traffic control 1 LS $43,000.00 43,000$ On the southbound approach, the project would add an additional southbound left turn bay to enhance intersection operations. This would be accomplished by shifting the two northbound departure lanes and sidewalk to the east. This cost estimate assumes that the pedestrian overcrossing would not be affected. If there is not adequate clearance under the overcrossing for the channelized eastbound right turn lane, the bridge would have to be raised; this would add additional cost that is not accounted for in this estimate. New right of way would be required, but the affected parcel is owned by the County. On the northbound approach, the project would add a separate northbound right turn lane to enhance intersection operations. This would be accomplished by shifting the southbound departure lane and sidewalk to the west. This requires a small amount of right of way from parcel 172-020-046. N/A 1.Southbound Approach 2.Northbound Approach Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. 29 Prepare Water Pollution Control Plan 1 LS $6,000.00 6,000$ 30 Mobilization 1 LS 48,000.00$ 48,000$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)480,000$ Project Number CCC6 Planning Engineering (TE)72,000$ Contract Items 528,000$ Preliminary Engineering (Design/Survey)*180,000$ Other Costs (CON)80,000$ Utility Coordination (Design)40,000$ Contingency*80,000$ Environmental (Environmental, Real Property)60,000$ Subtotal (Contract Items)688,000$ R/W Engineering (Survey)50,000$ Subtotal (Plan)72,000$ Real Property Labor 75,000$ Subtotal (PE)280,000$ R/W Acquisition 65,000$ Subtotal (R/W)190,000$ Construction Engineering *80,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)622,000$ Grand Total 1,230,000$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 15% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)1,442,000$ Project CCC6: Treat Boulevard/Jones Road Intersection Improvements (Southbound Approach) New left turn lane Shifted northbound lanes Shifted sidewalk Shifted pork chop Jones Rd Project CCC6: Treat Boulevard/Jones Road Intersection Improvements (Northbound Approach) Restripe as right turn lane Shifted southbound lane Shifted sidewalk Shifted pork chop Restripe as through lane Restripe as left turn laneJones Rd DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number CCC8 Project Name:Mayhew Way Pedestrian Safety Improvements Project Location:Mayhew Way from Buskirk Avenue to Bancroft Road Description Project Length (ft): Date of Estimate:Sep. 1, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Clearing and grubbing 1 LS $30,000.00 30,000$ 2 Earthwork 3700 SF $2.00 7,400$ 3 Class 2 Aggregate Base 274 CY $65.00 17,815$ 4 Sidewalk 3700 SF $8.00 29,600$ 5 Curb and gutter 740 LF $35.00 25,900$ 6 ADA curb ramp (w/ detectable warning surface)5 EA $4,200.00 21,000$ 7 Temporary traffic control 1 LS $13,200.00 13,200$ 8 Prepare Water Pollution Control Plan 1 LS $6,000.00 6,000$ 9 Mobilization 1 LS 15,100.00$ 15,100$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)151,000$ Project Number CCC8 Planning Engineering (TE)100,000$ Contract Items 166,100$ Preliminary Engineering (Design/Survey)*150,000$ Other Costs (CON)34,000$ Utility Coordination (Design)30,000$ Contingency*25,000$ Environmental (Environmental, Real Property)30,000$ Subtotal (Contract Items)225,100$ R/W Engineering (Survey)50,000$ Subtotal (Plan)100,000$ Real Property Labor 120,000$ Subtotal (PE)210,000$ R/W Acquisition 137,500$ Subtotal (R/W)307,500$ Construction Engineering *34,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)651,500$ Grand Total 842,600$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 15% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)988,000$ The project will complete gaps in the sidewalk network along Mayhew Way, where the County has frontage. These locations include: 200’ west of Oberon Drive to 190’ West of Woodlawn Drive (both sides), from 190’ West of Woodlawn Drive to 25’ East of the Iron Horse Trail Crossing (south side), and from 25’ East of the trail crossing to Bancroft Road (north side). Right-of-way would need to be acquired for the both segments of the north side sidewalk. 740 Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project CCC8: Mayhew Way Pedestrian Safety Improvements County frontage on both sides of street County frontage on south side of street County frontage on north side of street New s/w, curb, and gutter New s/w, curb, and gutter Mayhew Way DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number SWC2 Project Name:Olympic Boulevard/Tice Valley Road Intersection Improvements Project Location:Olympic Boulevard and Tice Valley Road/Boulevard Way Description Project Length (ft): Date of Estimate:Jul. 6, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Demolish existing pork chop island 200 SF $3.00 600$ 2 Traffic signal modification (one quadrant)1 LS $100,000.00 100,000$ 3 Demolish existing 10' sidewalk 2000 SF $3.00 6,000$ 4 Clear existing landscaping 1000 SF $2.00 2,000$ 5 Earthwork 3000 SF $2.00 6,000$ 6 Class 2 Aggregate Base 222 CY $65.00 14,444$ 7 Hot Mix Asphalt (Type A)208 Ton $125.00 25,988$ 8 New pork chop island 200 SF $7.00 1,400$ 9 ADA curb ramp (w/ detectable warning surface)4 EA $4,200.00 16,800$ 10 Relocate street lights 1 EA $2,000.00 2,000$ 11 New 10' sidewalk 2000 SF $8.00 16,000$ 12 Roadway striping 1100 LF $3.00 3,300$ 13 Restripe crosswalks 1 LS $2,000.00 2,000$ 14 Signage 1 LS $2,000.00 2,000$ 15 Temporary traffic control 1 LS $19,900.00 19,900$ 16 Prepare Water Pollution Control Plan 1 LS $6,000.00 6,000$ 17 Mobilization 1 LS 22,400.00$ 22,400$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)224,000$ Project Number SWC2 Planning Engineering (TE)100,000$ Contract Items 246,400$ Preliminary Engineering (Design/Survey)*175,000$ Other Costs (CON)50,000$ Utility Coordination (Design)30,000$ Contingency*37,000$ Environmental (Environmental, Real Property)30,000$ Subtotal (Contract Items)333,400$ R/W Engineering (Survey)50,000$ Subtotal (Plan)100,000$ Real Property Labor 75,000$ Subtotal (PE)235,000$ R/W Acquisition 100,000$ Subtotal (R/W)225,000$ Construction Engineering *50,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)610,000$ Grand Total 893,400$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 15% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)1,048,000$ Project would add a second northbound left turn lane to enhance intersection operations. This would be accomplished by widening the northbound approach to the east. This requires a small amount of right of way from parcel 184-311-030. N/A Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project SWC2: Olympic Boulevard/Tice Valley Road Intersection Improvements New sidewalk Restripe crosswalks Shifted northbound right turn lane Shifted northbound through lane New second northbound left turn lane Existing property lineTice Valley Blvd DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number SWC3 Project Name:Pedestrian Bridge over Las Trampas Creek Project Location:Between Dewing Lane and So. Villa Way Description Project Length (ft): Date of Estimate:Jul. 6, 2015 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Demolish existing fence 1 LS $500.00 500$ 2 Clearing and grubbing 1 LS $30,000.00 30,000$ 3 Earthwork 2240 SF $2.00 4,480$ 4 Class 2 Aggregate Base 166 CY $65.00 10,785$ 5 Hot Mix Asphalt (Type A)55 Ton $125.00 6,930$ 6 14' Bike/Pedestrian Bridge over creek 1820 SF $1,500.00 2,730,000$ 7 ADA curb ramp (w/ detectable warning surface)1 EA $4,200.00 4,200$ 8 Striping 290 LF $9.00 2,610$ 9 Signage 1 LS $1,000.00 1,000$ 10 Prepare Water Pollution Control Plan 1 LS $6,000.00 6,000$ 11 Environmental Monitoring and Mitigation 1 LS $25,000.00 25,000$ 12 Mobilization 1 LS 282,200.00$ 282,200$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)2,822,000$ Project Number SWC3 Planning Engineering (TE)424,000$ Contract Items 3,104,200$ Preliminary Engineering (Design/Survey)*621,000$ Other Costs (CON)466,000$ Utility Coordination (Design)280,000$ Contingency*777,000$ Environmental (Environmental, Real Property)300,000$ Subtotal (Contract Items)4,347,200$ R/W Engineering (Survey)50,000$ Subtotal (Plan)424,000$ Real Property Labor 75,000$ Subtotal (PE)1,201,000$ R/W Acquisition 300,000$ Subtotal (R/W)425,000$ Construction Engineering *466,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)2,516,000$ Grand Total 6,397,200$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2015 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 25% of contract items. ($10,000 min.)Escalation Factor 17.3% TOTAL (in 2021 dollars)7,502,000$ Project would construct a 14' Class 1 path from Dewing Lane to S. Villa Way. This would include approximately 160' of at-grade path and an approximately 130' bridge over Las Trampas Creek. It is estimated this project would take 2 open parking spaces from the South Villa Condominiums. N/A Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project SWC3: Pedestrian Bridge over Las Trampas Creek New r/w Existing r/w New Class I path bridge (14' wide, 130' long) New Class I path (14' wide) Transportation Engineering Planning Cost Estimate Contra Costa County Public Works Department SWC4 Project Name:Tice Valley Blvd Pedestrian and Bicycle Project Alternative:Class I Path along north side and sidewalk on south side of Tice Valley Blvd Project Location:Tice Valley Blvd between the Walnut Creek City Limits and 200' East of Tice Hollow Ct Assumptions:R=5 , TI=6.5 Project Length (ft):2,320 Date of Estimate:Oct. 6, 2015 Revision No.0 Revision Date Prepared by:Tianjun Cao Revised by No.Description Quantity Units Unit Cost Total 1 Construction Area Signs 12 EA 550.00$ 6,600$ 2 Traffic Control System 1 LS 100,000.00$ 100,000$ 3 Clearing and Grubbing 1 LS 30,000.00$ 30,000$ 4 Remove Tree 4 EA 2,000.00$ 8,000$ 5 Saw Cut Pavement Edges 4640 LF 2.00$ 9,280$ 6 Roadway Excavation 5564 CY 45.00$ 250,380$ 7 Class 2 Aggregate Base 9013 TON 30.00$ 270,390$ 8 Hot Mix Asphalt (Type A)1610 TON 110.00$ 177,100$ 9 Roadside Sign 15 EA 500.00$ 7,500$ 11 Guard Rail-End Anchor Assembly 8 EA 3,250.00$ 26,000$ 12 Metal Beam Guard Railing (Wood Post)250 LF 115.00$ 28,750$ 13 Thermoplastic Traffic Stripe - SF (Bike symbols)220 SF 5.00$ 1,100$ 14 Thermoplastic Traffic Stripe - LF 4700 LF 2.00$ 9,400$ 15 Striping Removal 4700 LF 1.50$ 7,050$ 16 Sidewalk Removal (Obliteration)2000 SF 0.24$ 480$ 17 Mailbox Removal and Replacement 20 EA 200.00$ 4,000$ 18 Bridge 1 EA 200,000.00$ 200,000$ 19 ADA Curb Ramp 6 EA 3,500.00$ 21,000$ 20 Driveway Conform 19 EA 4,000.00$ 76,000$ 21 Minor Concrete (Sidewalk)11600 SF 10.00$ 116,000$ 22 Hot Mix Asphalt Dike 2320 LF 25.00$ 58,000$ 23 Bridge Widening 1 LS 1,000,000.00$ 1,000,000$ Drainage 24 Concrete V-Ditch 50 LF 75.00$ 3,750$ 25 Earthen Ditch (5' top, 2' bottom, 2:1 sides)1167 CY 45.00$ 52,500$ 26 Culvert Alteration 1 EA 5,000.00$ 5,000$ 27 Mobilization 1 LS 247,000.00$ 247,000$ OTHER COSTS BY PHASE:CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)2,468,000$ OTHER COSTS BY PHASE: PLAN Planning Engineering (TE)100,000$ CONTRACT ITEMS 2,715,000$ PE Preliminary Engineering (Design/Survey)*842,000$ OTHER COSTS (CON)458,000$ Utility Coordination (Design)100,000$ CONTINGENCY*408,000$ Environmental (Environmental, Real Property)100,000$ SUBTOTAL (CON)3,581,000$ R/W R/W Engineering (Survey)50,000$ SUBTOTAL (PLAN)100,000$ Real Property Labor 75,000$ SUBTOTAL (PE)1,042,000$ R/W Acquisition 100,000$ SUBTOTAL (R/W)225,000$ CON Construction Engineering *408,000$ Environmental Monitoring and Mitigation Fees 50,000$ GRAND TOTAL 4,948,000$ SUBTOTAL of OTHER COSTS (ALL)1,825,000$ CURRENT YEAR 2015 * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)ESCALATION YEAR 2021 * Construction Engineering is 15% of contract items. ($20,000 min.)ESCALATION RATE 17.3% * CONTINGENCY is 15% of contract items. ($10,000 min.)TOTAL (in 2021 dollars)$ 5,804,000 Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. C AS T L E G L E N R DTICE VALLEY BLVDTICE HOLLOW CTCOVENTRY CTMONTECILLO DRELLERY CTCE NT RAL COUNT Y AOB LI MI T STICE VALLEY LNSCALE: 1" = 170' 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 FEDERAL ID NO.:DB:TC CB:MH DATE:OCT 2015 SHEET 1 OF 1 TICE VALLEY BLVD PEDESTRIAN AND BICYCLE PROJECT PROJECT LAYOUT BRIDGELEGEND: CENTER LINE OF THE ROAD UTILITY POLE RIGHT OF WAY LINE/PARCEL LINE SIGN 2' TO 3' HIGH RETAINING WALL TREE TO BE REMOVED EX. SD INLET CONC. CURB RAMP DRIVEWAY CONFORM COUNTY LIMITS SHOULDER EXISTING OR PROPOSED CLASS I PATH/SIDEWALK N Transportation Engineering Planning Cost Estimate Contra Costa County Public Works Department SWC 6 Project Name:Springbrook Road Pedestrian Improvement Project Alternative:Sidewalk on entire north side and parts of south side of roadway Project Location:Springbrook Rd from 170' East of Gilmore Ct to 460' East of Regency Ct Assumptions:R, TI, etc. Project Length (ft):3,000 Date of Estimate:Oct. 6, 2015 Revision No.0 Revision Date Prepared by:Tianjun Cao Revised by No.Description Quantity Units Unit Cost Total 1 Construction Area Signs 10 EA 550.00$ 5,500$ 2 Traffic Control System 1 LS 50,000.00$ 50,000$ 3 Prepare Water Pollution Control Plan 1 LS 6,000.00$ 6,000$ 4 Remove Thermoplastic Traffic Stripe 6000 LF 2.00$ 12,000$ 5 Minor Structure (Sidewalk Cross Drain)3 EA 600.00$ 1,800$ 6 Clearing and Grubbing 1 LS 30,000.00$ 30,000$ 7 Remove Tree 3 EA 2,000.00$ 6,000$ 8 Saw Cut Pavement Edges 4500 LF 2.00$ 9,000$ 9 Roadway Excavation 1833 CY 45.00$ 82,485$ 10 Imported Material (Shoulder Backing)420 TON 45.00$ 18,900$ 11 Class 2 Aggregate Base 1995 TON 45.00$ 89,775$ 12 Hot Mix Asphalt (Type A)3263 TON 110.00$ 358,930$ 13 Minor Concrete (Sidewalk)23000 LF 10.00$ 230,000$ 14 ADA Curb Ramp 6 EA 3,500.00$ 21,000$ 15 Driveway Conform 42 EA 10,000.00$ 420,000$ 16 Curb and Gutter 4500 LF 45.00$ 202,500$ 17 Earthwork 355 CY 25.00$ 8,875$ 18 Minor Concrete (Retaining Wall)270 LF 140.00$ 37,800$ 19 Minor Structure (Inlet)5 EA 3,200.00$ 16,000$ 20 Roadside Ditch 3000 LF 55.00$ 165,000$ 21 C.3 Provisions and Misc. Drainage 1 LS 100,000.00$ 100,000$ 22 Sign Relocation 10 EA 500.00$ 5,000$ 23 Mailbox Removal and Replacement 30 EA 300.00$ 9,000$ 24 Thermoplastic Traffic Stripe - Det. 27B, Right Edge Line 6000 LF 2.00$ 12,000$ 25 Mobilization 1 LS 190,000.00$ 190,000$ OTHER COSTS BY PHASE: PLAN Planning Engineering (TE)250,000$ CONTRACT ITEMS 2,088,000$ PE Preliminary Engineering (Design/Survey)*710,000$ OTHER COSTS (CON)364,000$ Utility Coordination (Design)20,000$ CONTINGENCY*314,000$ Environmental (Environmental, Real Property)150,000$ SUBTOTAL (CON)2,766,000$ R/W R/W Engineering (Survey)75,000$ SUBTOTAL (PLAN)250,000$ Real Property Labor 125,000$ SUBTOTAL (PE)880,000$ R/W Acquisition 1,000,000$ SUBTOTAL (R/W)1,200,000$ CON Construction Engineering *314,000$ Environmental Monitoring and Mitigation Fees 50,000$ GRAND TOTAL 5,096,000$ SUBTOTAL of OTHER COSTS (ALL)2,694,000$ CURRENT YEAR 2015 * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)ESCALATION YEAR 2021 * Construction Engineering is 15% of contract items. ($20,000 min.)ESCALATION RATE 17.3% * CONTINGENCY is 15% of contract items. ($10,000 min.)TOTAL (in 2015 dollars)$ 5,976,000 Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number SWC7 Project Name:Olympic Boulevard/Bridgefield Road Intersection Improvements Project Location:Olympic Boulevard & Bridgefield Road Description Project Length (ft):N/A Date of Estimate:Feb. 19, 2016 Revision No. Revision Date 4/15/2021 Prepared by:C. Shew Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Install traffic signal with safety lighting (approach)3 EA 100,000.00$ 300,000$ 2 Sidewalk 600 SF 8.00$ 4,800$ 3 Curb and gutter 90 LF 35.00$ 3,150$ 4 ADA curb ramp (w/ detectable warning surface)2 EA 4,200.00$ 8,400$ 5 Removal of signs 1 LS 500.00$ 500$ 6 Sandblast existing pavement legends 1 LS 1,000.00$ 1,000$ 7 Restripe intersection approach 3 EA 2,500.00$ 7,500$ 8 Temporary traffic control 1 LS 8,000.00$ 8,000$ 9 Prepare Water Pollution Control Plan 1 LS 6,000.00$ 6,000$ 10 Mobilization 1 LS 33,900.00$ 33,900$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)339,000$ Project Number SWC7 Planning Engineering (TE)51,000$ Contract Items 372,900$ Preliminary Engineering (Design/Survey)*130,000$ Other Costs (CON)75,000$ Utility Coordination (Design)30,000$ Contingency*56,000$ Environmental (Environmental, Real Property)30,000$ Subtotal (Contract Items)503,900$ R/W Engineering (Survey)-$ Subtotal (Plan)51,000$ Real Property Labor -$ Subtotal (PE)190,000$ R/W Acquisition -$ Subtotal (R/W)-$ Construction Engineering *75,000$ Environmental Monitoring and Mitigation Fees -$ SUBTOTAL of OTHER COSTS (ALL)316,000$ Grand Total 744,900$ * Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2016 * Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 15% of contract items. ($10,000 min.)Escalation Factor 13.4% TOTAL (in 2021 dollars)845,000$ Project will signalize the intersection of Olympic Boulevard and Bridgefield Road. Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. Project SWC7: Olympic Boulevard/Bridgefield Road Intersection Improvements Install new sidewalk, curb and gutter Install new traffic signal Olympic BlvdBridgefield Rd DKS Associates Planning Cost Estimate 1970 Broadway Ste 740, Oakland CA 94612 Project Number SWC8 Project Name:Boulevard Way Sidewalk Project Project Location:Boulevard Way between Warren Road and Olympic Boulevard Description Project Length (ft):2100 Date of Estimate:May. 24, 2016 Revision No. Revision Date 4/15/2021 Prepared by:Tianjun Cao Revised by B. Sidhu No.Description Quantity Units Unit Cost Total 1 Construction Area Signs 10 EA 550.00$ 5,500$ 2 Traffic Control System 1 LS 50,000.00$ 50,000$ 3 Prepare Water Pollution Control Plan 1 LS 6,000.00$ 6,000$ 4 Remove Thermoplastic Traffic Stripe 2100 LF 3.00$ 6,300$ 5 Minor Structure (Sidewalk Cross Drain)1 EA 600.00$ 600$ 6 Clearing and Grubbing 1 LS 30,000.00$ 30,000$ 7 Remove Tree 7 EA 2,000.00$ 14,000$ 8 Saw Cut Pavement Edges 2100 LF 2.00$ 4,200$ 9 Roadway Excavation 1283 CY 45.00$ 57,735$ 10 Imported Material (Shoulder Backing)294 TON 45.00$ 13,230$ 11 Class 2 Aggregate Base 1397 TON 45.00$ 62,865$ 12 Hot Mix Asphalt (Type A)2284 TON 125.00$ 285,500$ 13 Minor Concrete (Sidewalk)10500 SF 10.00$ 105,000$ 14 ADA curb ramp (w/ detectable warning surface)8 EA 4,200.00$ 33,600$ 15 Driveway Conform 3 EA 10,000.00$ 30,000$ 16 Curb and gutter 2100 LF 45.00$ 94,500$ 17 Earthwork 260 CY 25.00$ 6,500$ 18 Minor Concrete (Retaining Wall)650 LF 200.00$ 130,000$ 19 Minor Structure (Inlet)2 EA 3,200.00$ 6,400$ 20 Metal Beam Guard Railing 100 LF 115.00$ 11,500$ 21 Bridge Work 1 LS 200,000.00$ 200,000$ 22 C.3 Provisions and Misc. Drainage 1 LS 70,000.00$ 70,000$ 23 Sign Relocation 8 EA 500.00$ 4,000$ 24 Mailbox Removal and Replacement 6 EA 300.00$ 1,800$ 25 Relocate Fence 1 LS 2,000.00$ 2,000$ 26 Thermoplastic Traffic Stripe - Det. 27B, Right Edge Li 2100 LF 2.00$ 4,200$ 27 Mobilization 1 LS 124,000.00$ 124,000$ CONTRACT ITEMS LESS MOBILIZATION (TO NEAREST 1,000)1,235,000$ Project Number SWC8 Planning Engineering (TE)200,000$ Contract Items 1,359,000$ Preliminary Engineering (Design/Survey)*408,000$ Other Costs (CON)254,000$ Utility Coordination (Design)50,000$ Contingency*204,000$ Environmental (Environmental, Real Property)200,000$ Subtotal (Contract Items)1,817,000$ R/W Engineering (Survey)50,000$ Subtotal (Plan)200,000$ Real Property Labor 150,000$ Subtotal (PE)658,000$ R/W Acquisition 500,000$ Subtotal (R/W)700,000$ Construction Engineering *204,000$ Environmental Monitoring and Mitigation Fees 50,000$ SUBTOTAL of OTHER COSTS (ALL)1,812,000$ Grand Total 3,375,000$ *Preliminary Engineering is minimum 15% of contract items. (See Issues to Consider)Current Year 2016 *Construction Engineering is 15% of contract items. ($20,000 min.)Escalation Year 2021 * CONTINGENCY is 15% of contract items. ($10,000 min.)Escalation Factor 13.4% TOTAL (in 2021 dollars)3,827,000$ Project will add sidewalk on the east side of the roadway. Click here if this project is a surface treatment or overlay project. Click here if the project schedule for this project is to be 50 days or more; also click here if this is a bridge project. SCALE: 1" = 200' 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333FEDERAL ID NO.:DB:TCCB:MHDATE:NOV 2015SHEET1OF1BOULEVARD WAY PEDESTRIAN PROJECTPROJECT LAYOUT LEGEND:CENTER LINE OF THE ROADUTILITY POLERIGHT OF WAY LINE/PARCEL LINESIGN2' TO 3' HIGH RETAINING WALLTREE TO BE REMOVEDEX. SD INLETCONC. CURB RAMPSIDEWALKDRIVEWAY CONFORMCOUNTY LIMITSEDGE OF PAVEMENTEXISTING OR PROPOSED N Description Cost(1) 2.2 Windtree Ct. to Newell Ct. Widen existing path on north side to create 14 foot sidepath; redesign of Newell Ct. intersection and connections $490,000 3 Newell Ct to Boulevard Way/Tice Valley Rd Extend continuous path or sidewalks along north side $613,556 4 Boulevard Way/Tice Valley Rd to Newell Ave Continue the sidepath approximately 100 feet to connect to Newell Avenue (may be included with Segment 5) $632,000 5 Newell Ave to I-680 Expand the existing sidewalks fronting the Villa townhome complex to create a 10 to 12 foot wide sidepath $1,661,000 Total (Year 2015) $3,397,000 Escalation Factor 17.27% Total (Year 2021) $3,984,000 1) Costs for long-term projects for each segment *Source: Olympic Corridor Connector Trail Study, June Olympic Corridor Trail Connector - Summary of Estimated Costs* Project #: SWC9 Segment Olympic Boulevard Corridor Trail Connector Study Alta Planning + Design | B-3 B.4 Segment 2.2: Olympic Boulevard – Windtree Court to Newell CourtTable B-7: Short-Term Improvements Cost Estimate DESCRIPTION QTY UNIT UNIT COST COST MOBILIZATION 1 LS 5% $3,238 GENERAL CONDITIONS, BONDS AND INSURANCE 1 LS 2% $1,295 TRAFFIC CONTROL 1 LS 10% $6,475 Subtotal $11,008 Sitework, Demolition and Removal - includes all demolition, site preparation for all construction; relocation or re-setting of utilities; temporary construction fencing. Remove existing striping (no lead present) 8,840 LF $2.00 $17,680 Subtotal $17,680 Signs and Pavement Markings - includes painted traffic lines and markings on pavement, and traffic signage. High visibility crosswalk 155 LF $35.00 $5,425 Repaint stop bars and markings 3 EA $800.00 $2,400 Buffered bike lane, pavement markings, and signs 2,200 LF $7.58$16,676Miscellaneous 4" thermoplastic stripe 6,630 LF $3.00 $19,890 Wayfinding signage 2 EA $1,340.00 $2,680 Subtotal $47,071 CONSTRUCTION SUBTOTAL $75,759 CONTINGENCY 20% $15,152 SURVEYING 5% $3,788 PLANS, SPECIFICATIONS AND ESTIMATE 15% $11,364 CONSTRUCTION ENGINEERING/ADMIN. 15% $11,364 TOTAL $118,000 Table B-8: Long-Term Improvements Cost Estimate DESCRIPTION QTY UNIT UNIT COST COST MOBILIZATION 1 LS 5% $11,971 GENERAL CONDITIONS, BONDS AND INSURANCE 1 LS 2% $4,788 EROSION CONTROL - INCLUDES ALL BMPS, SWPPP AND REPORTING 1 LS 5% $11,971 TRAFFIC CONTROL 1 LS 10% $23,942 Subtotal $52,673 Sitework, Demolition and Removal - includes all demolition, site preparation for all construction; relocation or re-setting of utilities; temporary construction fencing. Sawcut pavement 1,161 LF $5.00 $5,805 Remove concrete pavement 100 SF $10.00$1,000Remove curb/gutter 1,161 LF $10.00$11,610Remove existing striping 6,966 LF $2.00$13,932Subtotal $32,347 Earthwork Clearing and grubbing 3,483 SF $0.25 $871 Subtotal $871 Final Report B-4 | Alta Planning + DesignDESCRIPTION QTY UNIT UNIT COST COST Concrete Work and Asphalt Paving - includes concrete curbs, 4" PCC sidewalk, Type I pedestrian ramps, concrete pads, Sidepath Construct curb & gutter 1,161 LF $55.00 $63,855 Construct 4" PCC sidewalk 100 SF $15.00 $1,500 Construct 4" AC over 6" AB 1,1610 SF $10.00 $116,100 Construct wide curb ramp with truncated dome surface 4 EA $2,000.00 $8,000 Subtotal $189,455 Signs and Pavement Markings - includes painted traffic lines and markings on pavement, and traffic signage. Buffered bike lane and pavement markings 2,210 LF $7.58$16,752Subtotal $16,752 CONSTRUCTION SUBTOTAL $292,098 CONTINGENCY 20% $58,420 SURVEYING 5% $14,605 PLANS, SPECIFICATIONS AND ENGINEERING 15% $43,815 ENVIRONMENTAL DOCUMENTATION, PERMITTING 10% $29,210 TECH STUDIES, MITIGATION 2.5% $7,302 CONSTRUCTION ENGINEERING/ADMIN. 15% $43,814 TOTAL $490,000 Table B-9: Annual Maintenance Cost Estimate DESCRIPTION QTY UNIT UNIT MAINTENANCE COST/YEAR TOTAL MAINTENANCE COST/YEAR Short-Term improvement Concept Bicycle Lanes and Bicycle Route Sweeping 2,200 LF $10 / 1,000 LF $22 Signs, Striping, and Pavement Markings $47,071 IC Installation Cost / 10 $4,707 Long-Term Improvement Concept Bicycle Lanes and Bicycle Route Sweeping 2,210 LF $10 / 1,000 LF $22 Signs, Striping, and Pavement Markings $16,752 IC Installation Cost / 10 $1,675 Sidepath Maintenance 1,178 LF $2652 / 1,000 LF $3,123 Sidepath Pavement Maintenance $116,100 IC Installation Cost / 20 $5,805 B.5 Segment 3: Olympic Boulevard – Newell Court to Boulevard Way/TiceValley Boulevard Table B-10: Short-Term Improvements Cost Estimate DESCRIPTION QTY UNIT UNIT COST COST MOBILIZATION 1 LS 5% $6,018 GENERAL CONDITIONS, BONDS AND INSURANCE 1 LS 2% $2,407 EROSION CONTROL - INCLUDES ALL BMPS, SWPPP AND REPORTING 1 LS 2% $2,407 TRAFFIC CONTROL 1 LS 10% $12,037 Subtotal $22,870 Sitework, Demolition and Removal - includes all demolition, site preparation for all construction; relocation or re-setting of utilities; temporary construction fencing. Sawcut pavement 160 LF $5.00 $800 Remove concrete pavement 48 SF $1.00 $48 Remove pavement markings 120 SF $7.00 $840 Remove existing striping (no lead present) 5,372 LF $2.00 $10,744 Subtotal $12,432 Concrete Work and Asphalt Paving - includes concrete curbs, 4" PCC sidewalk, Type I pedestrian ramps, concrete pads, Sidepath Construct AC curb 160 LF $12.00 $1,920 Construct 4" AC over 6" AB 320 SF $10.00 $3,200 Curb Ramp with truncated dome surface 4 EA $1,400.00 $5,600 Subtotal $10,720 Signs and Pavement Markings - includes painted traffic lines and markings on pavement, and traffic signage. High visibility crosswalk 371 LF $35.00 $12,985 Repaint stop bars and markings 5 EA $800.00 $4,000 Buffered bike lane, pavement markings, and signs 3,955 LF $7.58 $29,979 Bike lane, pavement markings, and signs 190 LF $5.25 $998 HAWK/RRFB 2 EA $22,250.00 $44,500 Wayfinding signage 2 EA $1,340.00 $2,680 Yield pavement marking 38 SF $7.00 $266 Green conflict markings 122 LF $14.81 $1,807 Subtotal $97,214 CONSTRUCTION SUBTOTAL $143,236 CONTINGENCY 20% $28,647 SURVEYING 5% $7,162 PLANS, SPECIFICATIONS AND ESTIMATE 15% $21,485 CONSTRUCTION ENGINEERING/ADMIN. 15% $21,485 TOTAL $223,000 Olympic Boulevard Corridor Trail Connector Study Alta Planning + Design | B-5 Table B-11: Long-Term Improvements Cost Estimate DESCRIPTION QTY UNIT UNIT COST COST MOBILIZATION 1 LS 5% $15,012 GENERAL CONDITIONS, BONDS AND INSURANCE 1 LS 2% $6,005 EROSION CONTROL - INCLUDES ALL BMPS, SWPPP AND REPORTING 1 LS 5% $15,012 TRAFFIC CONTROL 1 LS 10% $30,025 Subtotal $66,054 Sitework, Demolition and Removal - includes all demolition, site preparation for all construction; relocation or re-setting of utilities; temporary construction fencing. Sawcut pavement 1,170 LF $5.00 $5,850 Remove AC pavement 1,125 SF $0.80 $900 Remove concrete pavement 200 SF $10.00 $2,000 Remove existing storm drain culvert 1 EA $1,000.00 $1,000 Remove and relocate utility or signal cabinets (up to three) 2 EA $3,000.00 $6,000 Remove curb/gutter 1,170 LF $10.00 $11,700 Tree removal 11 EA $500.00 $5,500 Remove existing striping 1,170 LF $2.00 $2,340 Subtotal $35,290 Earthwork Clearing and grubbing 8,730 SF $0.25 $2,183 Subtotal $2,183 Concrete Work and Asphalt Paving - includes concrete curbs, 4" PCC sidewalk, Type I pedestrian ramps, concrete pads, Sidepath Construct curb & gutter 2,010 LF $55.00 $110,550 Construct 4" PCC sidewalk 9,855 SF $15.00 $147,825 Construct new inlet to existing storm drain 1 EA $3,000.00 $3,000 Curb ramp with truncated dome surface 1 EA $1,400.00 $1,400 Subtotal $262,775 CONSTRUCTION SUBTOTAL $366,302 CONTINGENCY 20% $73,260 SURVEYING 5% $18,315 PLANS, SPECIFICATIONS AND ENGINEERING 15% $54,945 ENVIRONMENTAL DOCUMENTATION, PERMITTING 10% $36,630 TECH STUDIES, MITIGATION 2.5% $9,158 CONSTRUCTION ENGINEERING/ADMIN. 15% $54,945 TOTAL $613,556 Table B-12: Annual Maintenance Cost Estimate DESCRIPTION QTY UNIT UNIT MAINTENANCE COST/YEAR TOTAL MAINTENANCE COST/YEAR Short-Term improvement Concept Bicycle Lanes and Bicycle Route Sweeping 3,955 LF $10 / 1,000 LF $40 Signs, Striping, and Pavement Markings $97,214 IC Installation Cost / 10 $9,721 Sidepath Maintenance 160 LF $2652 / 1,000 LF $424 Sidepath Pavement Maintenance $3,200 IC Installation Cost / 20 $160 Long-Term Improvement Concept Sidepath Maintenance 1,792 LF $2652 / 1,000 LF $4,752 Sidepath Pavement Maintenance $147,825 IC Installation Cost / 20 $7,391 Final Report B-6 | Alta Planning + DesignB.6 Segment 4: Olympic Boulevard – Boulevard Way/Tice Valley Boulevardto Newell Avenue Table B-13: Short-Term Improvements Cost Estimate DESCRIPTION QTY UNIT UNIT COST COST MOBILIZATION 1 LS 5% $17,042 GENERAL CONDITIONS, BONDS AND INSURANCE 1 LS 2% $6,817 EROSION CONTROL - INCLUDES ALL BMPS, SWPPP AND REPORTING 1 LS 5% $17,042 TRAFFIC CONTROL 1 LS 10% $34,083 Subtotal $74,983 Sitework, Demolition and Removal - includes all demolition, site preparation for all construction; relocation or re-setting of utilities; temporary construction fencing. Sawcut pavement 1,370 LF $5.00$6,850Remove AC pavement 8,780 SF $0.80$7,024Remove concrete pavement 560 SF $1.00$560Remove curb/gutter 1,370 LF $10.00 $13,700 Remove existing striping (no lead present) 2,740 LF $2.00 $5,480 Subtotal $33,614 Earthwork Soil for new landscape areas 152 CY $20.00 $3,040 Subtotal $3,040 Concrete Work and Asphalt Paving - includes concrete curbs, 4" PCC sidewalk, Type I pedestrian ramps, concrete pads, Sidepath Construct curb & gutter 1,390 LF $55.00 $76,450 Construct 4" AC over 6" AB 14,540 SF $10.00 $145,400 Curb Ramp with truncated dome surface 1 EA $1,400.00 $1,400 Subtotal $223,250 Planting Landscaping (1 gallon shrubs, 15 gallon trees, irrigation) 4,110 SF $6.50 $26,715 Irrigation meter/connection, backflow, and controller 1 EA $15,000.00 $15,000 Subtotal $41,715 Signs and Pavement Markings - includes painted traffic lines and markings on pavement, and traffic signage. Bike lane, pavement markings, and signs 5,138 LF $5.25 $26,972 Miscellaneous 4" thermoplastic stripe 2,740 LF $3.00 $8,220 Wayfinding signage 3 EA $1,340.00 $4,020 Subtotal $39,212 CONSTRUCTION SUBTOTAL $415,814 CONTINGENCY 20% $83,163 SURVEYING 5% $20,791 PLANS, SPECIFICATIONS AND ESTIMATE 15% $62,372 CONSTRUCTION ENGINEERING/ADMIN. 15% $62,372 TOTAL $645,000 Table B-14: Long-Term Improvements Cost Estimate DESCRIPTION QTY UNIT UNIT COST COST MOBILIZATION 1 LS 5% $15,445 GENERAL CONDITIONS, BONDS AND INSURANCE 1 LS 2% $6,178 EROSION CONTROL - INCLUDES ALL BMPS, SWPPP AND REPORTING 1 LS 5% $15,445 TRAFFIC CONTROL 1 LS 10% $30,890 Subtotal $67,958 Sitework, Demolition and Removal - includes all demolition, site preparation for all construction; relocation or re-setting of utilities; temporary construction fencing. Sawcut pavement 158 LF $5.00 $790 Remove AC pavement 13,020 SF $0.80 $10,416 Remove concrete pavement 200 SF $10.00 $2,000 Remove curb/gutter 158 LF $10.00 $1,580 Subtotal $14,786 Concrete Work and Asphalt Paving - includes concrete curbs, 4" PCC sidewalk, Type I pedestrian ramps, concrete pads, Sidepath Construct curb & gutter 158 LF $55.00 $8,690 Construct 4" PCC sidewalk 474 SF $15.00 $7,110 Construct 4" AC over 6" AB 21,700 SF $10.00 $217,000 Extend existing storm drain system 4 EA $1,000.00 $4,000 Subtotal $236,800 Planting Landscaping (1 gallon shrubs, 5 gallon shrubs, irrigation) 6,510 SF $6.50 $42,315 Irrigation meter/connection, backflow, and controller 1 EA $15,000.00 $15,000 Subtotal $57,315 CONSTRUCTION SUBTOTAL $376,859 CONTINGENCY 20% $75,372 SURVEYING 5% $18,843 PLANS, SPECIFICATIONS AND ENGINEERING 15% $56,529 ENVIRONMENTAL DOCUMENTATION, PERMITTING 10% $37,686 TECH STUDIES, MITIGATION 2.5% $9,421 CONSTRUCTION ENGINEERING/ADMIN. 15% $56,529 TOTAL $632,000 Olympic Boulevard Corridor Trail Connector Study Table B-15: Annual Maintenance Cost Estimate DESCRIPTION QTY UNIT UNIT MAINTENANCE COST/YEAR TOTAL MAINTENANCE COST/YEAR Short-Term improvement Concept Bicycle Lanes and Bicycle Route Sweeping 5,138 LF $10 / 1,000 LF $51 Signs, Striping, and Pavement Markings $39,212 IC Installation Cost / 10 $3,921 Sidepath Maintenance 1,510 LF $2652 / 1,000 LF $4,005 Sidepath Pavement Maintenance $145,400 IC Installation Cost / 20 $7,270 Landscape Maintenance 1,370 LF $900 / 1,000 LF $1,233 Long-Term Improvement Concept Sidepath Maintenance 2,170 LF $2652 / 1,000 LF $5,755 Sidepath Pavement Maintenance $217,000 IC Installation Cost / 20 $10,850 Landscape Maintenance 2,170 LF $900 / 1,000 LF $1,953 B.7 Segment 5: Olympic Boulevard – Newell Avenue to I-680Table B-16: Short-Term Improvements Cost Estimate DESCRIPTION QTY UNIT UNIT COST COST MOBILIZATION 1 LS 5% $4,4256 GENERAL CONDITIONS, BONDS AND INSURANCE 1 LS 2% $1,770 TRAFFIC CONTROL 1 LS 10% $8,852 Subtotal $15,048 Sitework, Demolition and Removal - includes all demolition, site preparation for all construction; relocation or re-setting of utilities; temporary construction fencing. Remove existing striping (no lead present) 5,994 LF $2.00 $11,987 Subtotal $11,987 Signs and Pavement Markings - includes painted traffic lines and markings on pavement, and traffic signage. Bike lane, pavement markings, and signs 3,746 LF $5.25 $19,667 HAWK/RRFB 2 EA $22,250.00 $44,500 Miscellaneous 4" thermoplastic stripe 4,121 LF $3.00 $12,362 Subtotal $76,528 CONSTRUCTION SUBTOTAL $103,563 CONTINGENCY 20% $20,713 SURVEYING 5% $5,178 PLANS, SPECIFICATIONS AND ESTIMATE 15% $15,534 CONSTRUCTION ENGINEERING/ADMIN. 15% $15,534 TOTAL $161,000 Table B-17: Long-Term Improvements Cost Estimate DESCRIPTION QTY UNIT UNIT COST COST MOBILIZATION 1 LS 5% $40,624 GENERAL CONDITIONS, BONDS AND INSURANCE 1 LS 2% $16,249 EROSION CONTROL - INCLUDES ALL BMPS, SWPPP AND REPORTING 1 LS 5% $40,624 TRAFFIC CONTROL 1 LS 10% $81,247 Subtotal $178,744 Sitework, Demolition and Removal - includes all demolition, site preparation for all construction; relocation or re-setting of utilities; temporary construction fencing. Sawcut pavement 5,919 LF $5.00 $29,595 Remove AC pavement 9,450 SF $0.80 $7,560 Remove concrete pavement 18,900 SF $5.00 $94,500 Remove and relocate existing light standard 5 EA $2,000.00 $10,000 Remove and relocate utility or signal cabinets (up to three) 1 EA $3,000.00 $3,000 Remove curb/gutter 5,919 LF $10.00 $59,190 Tree removal 6 EA $500.00 $3,000 Remove existing striping 7,560 LF $2.00 $15,120 Subtotal $221,965 Final Report DESCRIPTION QTY UNIT UNIT COST COST Concrete Work and Asphalt Paving - includes concrete curbs, 4" PCC sidewalk, Type I pedestrian ramps, concrete pads, Sidepath Construct curb & gutter 5,919 LF $55.00 $325,545 Construct 4" PCC sidewalk 9,450 SF $15.00 $141,750 Construct new inlet to existing storm drain 5 EA $3,000.00 $15,000 Colored stamped asphalt or concrete5,619 SF$15.00$84,285Subtotal $566,580 Planting 15 gallon trees with protective posts and root barriers, irrigation 6 EA $1,600.00 $9,600 Subtotal $9,600 Signs and Pavement Markings - includes painted traffic lines and markings on pavement, and traffic signage. Buffered bike lane and pavement markings 1,890 LF $7.58$14,326Subtotal $14,326 CONSTRUCTION SUBTOTAL $991,215 CONTINGENCY 20% $198,243 SURVEYING 5% $49,561 PLANS, SPECIFICATIONS AND ENGINEERING 15% $148,682 ENVIRONMENTAL DOCUMENTATION, PERMITTING 10% $99,121 TECH STUDIES, MITIGATION 2.5% $24,780 CONSTRUCTION ENGINEERING/ADMIN. 15% $148,682 TOTAL $1,661,000 Table B-18: Annual Maintenance Cost Estimate DESCRIPTION QTY UNIT UNIT MAINTENANCE COST/YEAR TOTAL MAINTENANCE COST/YEAR Short-Term improvement Concept Bicycle Lanes and Bicycle Route Sweeping 3,746 LF $10 / 1,000 LF $37.46 Signs, Striping, and Pavement Markings $76,528 IC Installation Cost / 10 $7,653 Long-Term Improvement Concept Bicycle Lanes and Bicycle Route Sweeping 1,890 LF $10 / 1,000 LF $19 Signs, Striping, and Pavement Markings $14,326 IC Installation Cost / 10 $1,433 Sidepath Maintenance 158 LF $2652 / 1,000 LF $418 Sidepath Pavement Maintenance $14,326 IC Installation Cost / 20 $716 ORDINANCE NO. 2021-37 -1- ORDINANCE NO. 2021-37 (Uncodified) (Central County Area of Benefit Fees) The Board of Supervisors of Contra Costa County ordains as follows: SECTION 1. Summary and Purpose. This ordinance provides for the repeal of Contra Costa County Ordinance Nos. 94-72, 95-32, and 2021-33, the repeal of Resolution Nos. and 94/604, 95/273, and 2021/318, and the reestablishment of the Central County Area of Benefit, and the adoption of revised transportation mitigation fees for transportation improvements needed to mitigate transportation impacts of new development in the area of benefit through 2040. SECTION 2. Authority. This ordinance is enacted pursuant to Government Code sections 66001, et seq., 66484, and 66484.7, and Division 913 of the Contra Costa County Ordinance Code, and other applicable laws and ordinances. SECTION 3. Recitals and Findings of Fact. (a) Under the Mitigation Fee Act, California Government Code section 66000, et seq., the County is authorized to charge a development-project applicant, as a condition of project approval, a fee that is proportional to the cost of public improvements necessary to serve the development project, or to alleviate impacts caused by the development project. Government Code sections 66484 and 66484.7 specifically authorize the County to impose those fees to defray the actual or estimated costs of new or reconstructed bridges over waterways, railways, freeways, major thoroughfares, and pedestrian, bicycle, transit, and traffic-calming facilities that serve new development within a specific area of benefit. (b) The Central County Area of Benefit was established by the Board of Supervisors’ adoption of Ordinance No. 95-32 and Resolution No. 95/273 to establish fees imposed on each new development within the Central County Area of Benefit, to fund specified new bridges and thoroughfares, or expansions of existing bridges and thoroughfares, necessary to serve the development project or alleviate traffic impacts or demands caused by the project. The South Walnut Creek Area of Benefit was established by the Board of Supervisors’ adoption of Ordinance No. 94-72 and Resolution No. 94/604 to establish fees imposed on each new development within the South Walnut Creek Area of Benefit, to fund specified new bridges and thoroughfares, or expansions of existing bridges and thoroughfares, necessary to serve the development project or alleviate traffic impacts or demands caused by the project. Those fees funded many significant projects. Because of changes in development and traffic patterns in the area, the Public Works Department reevaluated the transportation improvements needed to serve new development in the territory within the current Central County Area of Benefit and South Walnut Creek Area of Benefit areas through 2040. ORDINANCE NO. 2021-37 -2- (c) The County’s March 2021 Development Program Report (“Report”), including the March 2021 “Nexus Study, Central County Area of Benefit” (“Nexus Study”) attached as Exhibit D to the Report, have been prepared to determine the amount of the fees necessary to fund new development’s share of the estimated costs of new or reconstructed bridges over waterways, railways, freeways, major thoroughfares, pedestrian, bicycle, transit, and traffic-calming facilities (the “Transportation Improvements”) that are necessary to meet traffic demands generated by new development through 2040 within a reestablished Central County Area of Benefit that includes the area previously within the Central County Area of Benefit area and the South Walnut Creek Area of Benefit. (Unless otherwise specified, all further references to Central County Area of Benefit mean the reestablished Central County Area of Benefit.) The Transportation Improvements are more particularly described in the Report, the Nexus Study, and Sections 5.6 (Roadway and Transit Network Plans) and 5.8 (Pedestrian Facilities and Bikeways) of Chapter 5 (Transportation and Circulation Element) of the County’s 2005-2020 General Plan. (d) The Report and Nexus Study propose a fair and equitable method for allocating a portion of the costs of the Transportations Improvements to new development within the Central County Area of Benefit. The cost of each of the Transportation Improvements in the Report and Nexus Study is reasonable. The total amount of revenue expected to be generated from fees charged and collected under this ordinance will not exceed the estimated cost of the Transportation Improvements attributable to new development within the Central County Area of Benefit. The County will rely on sources other than transportation mitigation fee revenue to pay Transportation Improvement costs not allocated to new development. The Transportation Improvements are necessary and desirable within the Central County Area of Benefit. (e) Payment of the fees adopted by this ordinance shall not be required unless the major thoroughfares or planned bridge facilities are in addition to, or a reconstruction of, any existing major thoroughfares or planned bridge facilities serving the Central County Area of Benefit at the time that the boundaries of that area of benefit are established by this ordinance. Because all of the Transportation Improvements are in addition to, or a reconstruction or expansion of, existing thoroughfares and bridge facilities, the fees adopted by this ordinance may be imposed on new development projects within the Central County Area of Benefit. (f) Pursuant to Government Code section 66001, the Board of Supervisors further finds: (1) As determined in the Nexus Study, the purpose of the fees adopted and collected pursuant to this ordinance is to fund new development’s share of the estimated costs of the Transportation Improvements identified in the Nexus Study. (2) As determined in the Nexus Study, there is a reasonable relationship between the use of revenue generated by the fees and the type of new development projects on which those fees shall be imposed. ORDINANCE NO. 2021-37 -3- (3) As determined in the Nexus Study, there is a reasonable relationship between the need for the Transportation Improvements that shall be funded by fee revenue, and the types of new development within the Central County Area of Benefit on which those fees shall be imposed. (4) As determined in the Nexus Study, there is a reasonable relationship between the amount of the fee imposed on each type of new development within the Central County Area of Benefit, and the cost of the Transportation Improvements to be funded by fee revenue. (g) The Board of Supervisors further finds as follows: (1) Pursuant to Government Code sections 54986, 65091, 66017, 66018, 66474.2, subdivision (b), 66484, and 66484.7, and Division 913 of the Contra Costa County Ordinance Code, notice of a public hearing on this ordinance was given and published, and the public hearing was held. The Nexus Study and Report were made available to the public at least ten (10) days before the hearing. (2) If, within the time when protests may be filed under the provisions of this ordinance, there is a written protest, filed with the Clerk of the Board of Supervisors, by owners of more than one-half of the area of the property within the Central County Area of Benefit, and sufficient protests are not withdrawn so as to reduce that area to less than one-half of the area of the property within the Central County Area of Benefit, these proceedings shall be abandoned and this ordinance shall not be adopted. However, the Board of Supervisors has considered all written protests, and all written and oral testimony offered at the hearing, and finds that no majority protest exists. (3) At the public hearing on this ordinance, the boundaries of the Central County Area of Benefit, the estimated costs of the Transportation Improvements, and a fair method of allocation of those costs to new development projects within the Central County Area of Benefit were established. SECTION 4. Definitions. For the purpose of this ordinance, the following terms have the following meanings: (a) “Development project” or “new development project,” means either of the following located within the Central County Area of Benefit: (1) Any new construction, or any addition, extension, or enlargement of an existing structure or unit, which includes a dwelling unit for residential use or the floor area of commercial, office or industrial use, requiring a building permit from the County; or (2) Any conversion or change in use of an existing structure requiring a building permit from the County that would result in a change in the land use type. ORDINANCE NO. 2021-37 -4- (b) “Square foot” means a square foot of gross floor area within the interior walls of a building or portions thereof. (c) “Dwelling-unit-equivalent” means the same level of traffic impacts attributable to one dwelling unit, as determined in the Report and Nexus Study. SECTION 5. Fee Adoption and Collection. Fees that apply to new development within the Central County Area of Benefit are hereby adopted, and shall be charged and collected, as specified in this section. (a) Amount of the Fees. (1) Central County Area of Benefit Fees. The following schedule of fees shall be effective on the effective date of this ordinance: Land Use Type Fee Per Unit Single-Family Residential $ 5,335 per dwelling unit Multi-Family Residential $ 3,275 per dwelling unit Commercial/Retail $ 7.57 per square foot Office $ 6.12 per square foot Industrial $ 4.86 per square foot Other $ 5,335 per dwelling unit equivalent (2) Adjustment of Fees Beginning January 1, 2023. On January 1, 2023, and on each January 1 thereafter, the amounts of the fees set forth in Section 5(a)(1), above, shall be increased or decreased by a percentage equal to the percentage change, if any, in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area for the 12-month period ending September 30 of the prior year. (b) Calculation of the Central County Area of Benefit Fee. Unless otherwise specified in this ordinance, each new development project shall pay a fee calculated as described in this Section 5(b). (1) Calculation of the Central County Area of Benefit Fee for New Development that Expands, Extends, or Replaces an Existing Development. If any new development project will replace an existing development, or if any new development project will expand or extend an existing development, by increasing the number of dwelling units or square feet of floor area of, or the number of dwelling-unit-equivalents attributable to, the existing development, the fee imposed on the new development project shall be calculated as follows: (A) For residential land uses: The applicable transportation mitigation fee in Section 5(a) of this ordinance is multiplied by the difference of: (i) either the number of dwelling units attributable to the new development that ORDINANCE NO. 2021-37 -5- replaces an existing development, or the number of dwelling units attributable to the development after the expansion or extension of the existing development; minus (ii) the number of dwelling units attributable to the existing development. That calculation is expressed as follows: [Applicable fee per-dwelling unit] x [(number of dwelling units after replacement or expansion/extension) – (number of dwelling units before replacement or expansion/extension)] (B) For office, industrial, and commercial/retail land uses: The applicable fee in Section 5(a) of this ordinance is multiplied by the difference of: (i) either the number of square feet of the new development that will replace an existing development, or the number of square feet of the development after expansion or extension of the existing development; minus (ii) the number of square feet of the existing development. That calculation is expressed as follows: [Applicable fee per square foot] x [(number of square feet after replacement or expansion/extension) – (number of square feet before replacement or expansion/extension)] (C) For “other” land uses: The applicable fee in Section 5(a) of this ordinance is multiplied by the difference of: (i) either the number of dwelling-unit- equivalents attributable to the new development that will replace an existing development, or the number of dwelling-unit-equivalents attributable to the development after expansion or extension of the existing development; minus (ii) the number of dwelling-unit-equivalents attributable to the existing development. That calculation is expressed as follows: [(Applicable fee per dwelling-unit-equivalent)] x [(number of dwelling- unit-equivalents after replacement or expansion/extension) – (number of dwelling-unit-equivalents before replacement or expansion/extension)] The County will determine the number of dwelling unit equivalents that will be generated by the new development project based on: information generated by project-specific traffic studies prepared by a professional engineer; the standards set forth in the then-current edition of the Institute of Transportation Engineers Trip Generation Manual (“ITE Manual”); and other information provided by the new development project applicant that the County deems relevant. (D) Notwithstanding any other provision of this ordinance, if the result of the calculation required by this Section 5(b)(1) is zero or a negative number, then no fee shall be imposed on the new development project. ORDINANCE NO. 2021-37 -6- (2) Calculation of the Central County Area of Benefit Fee for New Development that Does Not Expand, Extend, or Replace an Existing Development. For any new development project that does not expand, extend, or replace an existing development, the fee imposed on the new development project shall be calculated as follows: (A) For residential land uses: The applicable fee in Section 5(a) of this ordinance is multiplied by the number of dwelling units attributable to the new development. That calculation is expressed as follows: (Applicable fee per dwelling unit) x (number of dwelling units) (B) For office, industrial, and commercial/retail land uses: The applicable fee in Section 5(a) of this ordinance is multiplied by the number of square feet of the new development. That calculation is expressed as follows: (Applicable fee per square foot) x (number of square feet of floor area) (C) For “other” land uses: The applicable fee in Section 5(a) of this ordinance is multiplied by the number of dwelling unit equivalents attributable to the new development. That calculation is expressed as follows: (Applicable fee per dwelling-unit-equivalent) x (number of dwelling-unit- equivalents attributable to new development) The County will determine the number of dwelling unit equivalents attributable to the new development project based on: information generated by project-specific traffic studies prepared by a professional engineer; the standards set forth in the then-current edition of the ITE Manual; and other information provided by the new development project applicant that the County deems relevant. (c) Applicability and Establishment of Central County Area of Benefit Boundaries. This ordinance repeals Board of Supervisors Ordinance Nos. 94-72, 95-32, and 2021-33 and Resolution Nos. and 94/604, 95/273, and 2021/318. The boundaries of the Central County Area of Benefit are hereby readopted and reestablished in accordance with Government Code sections 66484 and 66484.7. The boundaries now include the territory previously within the South Walnut Creek Area of Benefit. The transportation mitigation fees specified in this ordinance shall apply to all new development within the reestablished Central County Area of Benefit, unless otherwise specified in this ordinance. The boundaries of the reestablished Central County Area of Benefit are more particularly described in the legal description, and are depicted on the map, attached hereto together as Exhibit A and incorporated herein by reference. (d) Time of Collection. The fee attributable to each new development project shall be paid before the County issues a building permit for the new development project. Payment of ORDINANCE NO. 2021-37 -7- the fee shall be a condition of building permit issuance, as specified in Chapter 913-4 of the County Ordinance Code. (e) Exemptions. No new development project is exempt from payment of a fee under this ordinance, unless, as of the date of the notice published pursuant to Government Code Section 66474.2, subdivision (b), either of the following apply: (1) The new development project has perfected an exemption from the fee under the vesting tentative map law; or (2) The new development project has entered into a development agreement with the County that expressly excludes assessment of additional fees on that project. (f) Fee Reductions and Credits. (1) A project applicant may request a reduction in fees from the County if it is determined that the project will generate a lower number of trips than data provided by the ITE Manual that was used as the basis for the Report. A requested fee reduction must be based on a traffic study that determines that the traffic impacts of the proposed development would generate fees that are less than the fees set forth in Section 5, above. The methodology for conducting the study shall be developed and approved by the County. The County shall determine the appropriate fee reduction based upon the proportionate reduction in traffic impacts demonstrated in the traffic study. (2) A project applicant may receive a credit against fees for the dedication of land for right-of-way and/or construction of any portion of the Transportation Improvements to be funded with the fees collected pursuant to this ordinance, where the right-of-way or construction is beyond that which would otherwise be required for approval of the proposed development. The calculation of the amount of credit against fees for these dedications or improvements shall be based on a determination by the County that the credits are exclusive of the dedications, setbacks, improvements, and/or traffic mitigation measures that are required by ordinance or local standards. In addition, the credit shall be calculated based upon the actual cost of construction of improvements or, in the case of land dedication, on an independent appraisal approved by the County. All fee credits and reimbursements for dedications in lieu of payment of any transportation mitigation fee, or portion thereof, required to be paid by this ordinance shall be subject to an agreement executed in accordance with the Traffic Fee Credit and Reimbursement Policy, approved by the Board of Supervisors on June 5, 2007, which is made a part hereof and incorporated herein by reference. (g) Fee Waivers. (1) Upon written request of the project applicant, the Public Works Director may waive the fees collected under this ordinance for dwelling units that the Public ORDINANCE NO. 2021-37 -8- Works Director determines, in a written finding, fit into one of the following categories: (1) rental units affordable to households earning less than 80% of the area median income; or (2) ownership units affordable to households earning less than 120% of the area median income. (2) As a condition of such waiver, the project applicant shall enter into a regulatory agreement with the County, guaranteeing the use, occupancy, affordability, and term of affordability of such dwelling units. Rental units for which a waiver is granted under this section shall be restricted to that use for a minimum of 55 years. Ownership units for which a waiver is granted under this section shall be restricted to that use for a minimum of 30 years. (h) Fee Waiver for Inclusionary Housing Units. In lieu of the fee waiver for affordable housing units as set forth in Section 5(g), development projects that are subject to Chapter 822-4 of the County Ordinance Code shall be eligible for a waiver of the fees collected under this ordinance as follows: (1) Fees shall be waived for each rental unit to be developed and rented as an inclusionary unit under the terms and conditions of Section 822-4.410(a) of the County Ordinance Code. (2) Fees shall be waived for each for-sale unit to be developed and sold as an inclusionary unit under the terms and conditions of Section 822-4.410(b) of the County Ordinance Code. (3) If a fee is paid in lieu of constructing some or all inclusionary units in a development project, pursuant to Section 822-4.404 of the County Ordinance Code, the fees collected under this ordinance shall be waived for the number of inclusionary units for which the in-lieu fee is paid. (i) Senior Housing and Congregate Care. Nothing in this ordinance shall be construed to abridge or modify the Board’s discretion, upon proper application for a senior housing or congregate care facility, to adjust or to waive the fees required to be paid under this ordinance, pursuant to Government Code Section 65915. (j) Accessory Dwelling Units. An accessory dwelling unit that is approved by a ministerial permit issued under Chapter 82-24 of the County Ordinance Code is exempt from payment of fees under this ordinance. (k) Deposit of Fee Revenue. Revenue from fees paid pursuant to this ordinance shall be deposited into a fund covering the Transportation Improvements identified in the Report and Nexus Study, and shall be separately accounted for. The funds shall not be commingled with other funds, except where the funds are temporarily invested pursuant to Government Code section 66006. Fee revenues deposited in the fund shall be expended solely for the purposes described in this ordinance. Any interest earned on deposits in the fund also shall be deposited in that fund and used for those purposes. ORDINANCE NO. 2021-37 -9- (l) Limitations. No fees collected pursuant to this ordinance may be used to reimburse the construction costs of bridge or thoroughfare facilities serving the Central County Area of Benefit on the effective date of this ordinance. However, fee revenues may be used to reimburse any general fund monies, or other County revenues, advanced to pay for any planned bridge or thoroughfare improvements. SECTION 6. Reporting and Accounting Requirements. (a) Annual Reporting. Within 180 days after the last day of each fiscal year, the Public Works Director, or designee, shall make available to the public a report regarding the fund established for receipt of deposits of the fees collected by the County pursuant to this ordinance. The report shall be reviewed by the Board of Supervisors at a regularly scheduled meeting that will be held, and notice of which will be provided, in accordance with Government Code Section 66006. The report shall contain the following information for the fiscal year: (1) A brief description of the type of fee in the account or fund. (2) The amount of the fees. (3) The beginning and ending balance of the account or fund. (4) The amount of the fees collected and the interest earned. (5) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with those fees. (6) An identification of an approximate date by which the construction of the public improvement will commence if the Board determines that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete. (7) A description of each interfund transfer or loan from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. (8) The amount of refunds made pursuant to Government Code section 66001, subdivision (e), and any allocations pursuant to Government Code section 66001, subdivision (f). (b) Periodic Review by the Board. In the fifth fiscal year following the first deposit into the fund established for receipt of deposits of the fees collected pursuant to this ordinance, and at least once every five years thereafter, the Board of Supervisors shall make all of ORDINANCE NO. 2021-37 -10- the following findings with respect to that portion of the Central County Area of Benefit fund remaining unexpended, whether committed or uncommitted, pursuant to Government Code Section 66001: (1) Identify the purpose to which the fees are to be put. (2) Demonstrate a reasonable relationship between the fees and the purpose for which they are charged. (3) Identify all sources and amounts of funding anticipated to complete financing of incomplete transportation improvements identified in the Report and Nexus Study. (4) Designate the approximate dates on which the funding referred to in Section 6(b)(3), above, is expected to be deposited into the appropriate account or fund. SECTION 7. Repeal of Existing Fees. Except as specified in this Section 7 and Section 9, below, Contra Costa County Ordinance Nos. 94-72, 95-32, and 2021-33, and Resolution Nos. and 94/604, 95/273, and 2021/318 are hereby repealed and superseded by this ordinance, as of the effective date of this ordinance. However, this repeal shall not affect any fees that were imposed on any development project pursuant to Ordinance No. 94-72, Ordinance No. 95-32, or Ordinance No. 2021-33 prior to the effective date of this ordinance, which fees shall be paid and collected under the provisions Ordinance No. 94-72, Ordinance No. 95-32, or Ordinance No. 2021-33, whichever is applicable. SECTION 8. Judicial Review. Any judicial action or proceeding to attack, review, set aside, void, or annul the fees established by this ordinance shall be commenced within one hundred twenty (120) days after the effective date of this ordinance. Any action to attack any adjustment to the schedule of fees pursuant to Section 5(a)(2) of this ordinance shall be commenced within one hundred twenty (120) days after the effective date of that adjustment. SECTION 9. Severability. Notwithstanding any other provision of this ordinance to the contrary, if a court of competent jurisdiction determines any fee set forth in Section 5 of this ordinance is invalid or unenforceable, the comparable fee adopted by Ordinance No. 94-72 or Ordinance No. 95-32 shall be deemed not to have been repealed and shall remain in effect and subject to the remaining provisions of this ordinance. Notwithstanding any other provision of this ordinance to the contrary, if a court of competent jurisdiction determines this ordinance is invalid or unenforceable, Ordinance No. 94-72, Ordinance No. 95-32, Resolution No. 94/604, and Resolution No. 95/273 shall be deemed not to have been repealed and shall remain in full force and effect. ORDINANCE NO. 2021-37 -11- SECTION 10. Effective Date. This ordinance shall become effective 60 days after passage, and, within 15 days of passage, this ordinance shall be published once, with the names of the Supervisors voting for and against it, in the East Bay Times, a newspaper of general circulation published in this County. Pursuant to section 913-6.026 of the Contra Costa County Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this ordinance with the County Recorder. PASSED and ADOPTED on ________________________by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Board Chair ATTEST: MONICA NINO, Clerk of the Board of Supervisors and County Administrator By _________________________ Deputy Attachments: Exhibit A (Map and Legal Description of Central County Area of Benefit Boundaries) SMS H:\Client Matters\Public Works\AOB Fees\Central County AOB\Ordinance 2021-XX (Central County AOB Fees (2)).doc ORDINANCE NO. 2021-37 -12- EXHIBIT A MAP AND LEGAL DESCRIPTION CENTRAL COUNTY AREA OF BENEFIT Map Legal Description The central portion of Contra Costa County, California, bounded on the north by Solano County, bounded on the southwest by Alameda County, and described as follows: Beginning in Suisun Bay on the boundary common to Contra Costa and Solano Counties at the Point of Beginning of "Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Area" adopted July 26, 1994 by Contra Costa County Board of Supervisors' Resolution No. 94/386, also being the northwest corner of "West Pittsburg Area of Benefit" adopted December 10, 1991 by Contra Costa County Board of Supervisors' Resolution No. 91/779; thence from the Point of Beginning along the boundary common to said adopted areas, southerly 7,410 feet, more or less, to the south right of way line of Contra Costa Canal on the west line of Section 8, Township 2 North, Range 1 West, Mount Diablo Meridian; thence continuing along the boundary of "West Pittsburg Area of Benefit," westerly, southerly, southeasterly, and easterly 26,000 feet, more or less, to its intersection with "Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Area" on the east line of Section 17 (T2N, R1W); thence along the boundary of "Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Area" in a general ORDINANCE NO. 2021-37 -13- southeasterly and southerly direction 80,000 feet, more or less, to the southeast corner of Section 12, (T1S, R1W); thence along the south line of Section 12, westerly 4,400 feet, more or less, to the centerline of Mount Diablo Scenic Boulevard (South Gate Road); thence along said centerline in a general northerly direction 6,700 feet, more or less, to the centerline intersection of Summit Road and Mount Diablo Scenic Boulevard (North Gate Road); thence along the centerline of North Gate Road in a general westerly direction 12,400 feet, more or less, to the northwest line of Lot D, Rancho San Miguel Robert Allen Tract; thence along said northwest line, southwesterly 3,100 feet, more or less, to the southeast corner of that 787.58 acre parcel shown on the Record of Survey filed June 22, 1960 in Book 18 of Licensed Surveyors' Maps at page 39; thence along the boundary of said parcel, south 87º52'06" west 9,881.2 feet and north 6º08'40" west 2,389.28 feet, to the most southern corner of the Record of Survey filed August 27, 1970 in Book 53 of Licensed Surveyors' Maps at page 13; thence along the south line thereof, also being the south line of Rancho San Miguel, north 76º53'13" west 1,445.41 feet, to the most southern corner of Subdivision 6743 "Stonegate Unit 1" filed June 9, 1987 in Book 313 of Maps at page 28; thence along the boundary of Subdivision 6743, north 13º51'48" west 5,687.22 feet, south 73º16'01" west 4,566.44 feet, and south 21º53'15" east 3,423.26 feet, to the southeast corner of Subdivision 4924 "Hill and Dale, Unit 6" recorded May 18, 1977 in Book 196 of Maps at page 28; thence along the boundary of Subdivision 4924 in a general westerly direction 2,879.25 feet to the northeast corner of Subdivision 4402 recorded December 27, 1974 in Book 175 of Maps at page 25; thence along the boundary of Subdivision 4402, south 1º44'25" west 1,527.78 feet, to the northeast corner of Lot 37 in Subdivision 3973 recorded August 18, 1972 in Book 149 of Maps at page 20; thence along the east line of Subdivision 3973, south 1º44'25" west 1,015.1 feet, to the north right of way line of Livorna Road; thence continuing south 1º44'25" west 41.96 feet to the centerline of said road; thence along said centerline in a general westerly direction 890.41 feet to the southern prolongation of the west line of said Subdivision 3973; thence along said prolongation and west line, north 1º32'10" east 967.1 feet, to the southwest corner of Subdivision 4402 (175 M 25); thence along the west line of Subdivision 4402, north 1º32'10" east 1,063.35 feet, to the southeast corner of Subdivision 5931 recorded June 29, 1983 in Book 271 of Maps at page 21; thence along the boundary thereof, north 55º22'55" west 537 feet and in a general northwesterly direction 105.63 feet along Livorna Heights Road right of way line, to the southeast corner of Subdivision 5366 recorded March 25, 1980 in Book 236 of Maps at page 7; thence along the boundary of Subdivision 5366 in a general westerly direction 400.83 feet to the east line of Subdivision 3827 recorded June 11, 1969 in Book 126 of Maps at page 38; thence along said east line, south 1º31'55" west 942.5 feet, to the northeast corner of Subdivision 3037 recorded June 25, 1964 in Book 99 of Maps at page 30; thence along the boundary thereof in a general southerly direction 1,532.28 feet to the north right of way line of Livorna Road; thence along lot lines of Subdivision 3037 as follows: 1) in a general westerly direction 79.27 feet, 2) north 1º36'23" east 223.71 feet, 3) north 88º23'37" west 149.23 feet, 4) south 1º36'23" west 275.72 feet, and 5) south 72º23'20" west 272.09 feet; thence crossing Trotter Way, south 72º23'20" west 100 feet, more or less, to the south line of Lot 1 (99 M 30); thence continuing along lot lines of Subdivision 3037, south 72º23'20" west 145.74 feet, north 6º19'31" west 712.51 feet, and north 89º43'18" west 933.43 feet, to the south line of Subdivision 4810 filed September 23, 1976 in Book 189 of Maps at page 48; thence along said south line and the south line of that 24.71 acre Assessor Parcel Number (hereinafter referred to as APN) 187-160-013 described in Parcel Three in the deed to the City of Walnut Creek recorded July 5, 1984 in Volume 11867 of Official Records at page 965, north 89º43'18" west 944.73 feet, to the west line of Subdivision 6468 recorded January 8, 1982 in Book 286 of Maps at page 41; thence along the boundary thereof in a general southerly direction 828.77 feet to the east right of way line of Interstate Freeway 680; thence along said east line in a general northwesterly direction 2,259.08 feet; thence crossing said freeway, south 53º47'20" west 290 feet, more or less, to the west right of way line thereof; thence along said west line in a general northwesterly direction 1,209.59 feet to the most southeastern corner of APN 187-050-011 and 012 described as Parcel 1 in the deed to Edward Johannessen and Juliet Johannessen 1987 Revocable Living Trust recorded March 22, 1988 in Volume 14228 of Official Records at page 211; thence along the southerly portion of the boundary thereof in a general westerly direction 1,494.46 feet, more or less, to the west right of way line of Interstate Freeway 680; thence along said west line in a general northwesterly direction 836 feet, more or less, to the most eastern corner of APN 187-040-007 described as PARCEL 11 in the deed to Contra Costa County Flood Control and Water Conservation District recorded December 20, 1967 in Volume 5520 of Official Records at page 451; thence along the boundary of PARCEL 11, south 64º16'18" west 239.65 feet and in a general northerly direction 1,036.02 feet, to the northwest corner thereof; thence crossing ORDINANCE NO. 2021-37 -14- Rudgear Road, northerly 245 feet, more or less, to the west line of APN 183-093-023 described in the deed to East Bay Municipal Utility District (hereinafter referred to as EBMUD) recorded January 5, 1968 in Volume 5530 of Official Records at page 93; thence along said west line, north 22º53'01" west 33.76 feet, to the southeast line of Southern Pacific Railroad right of way APN 183-093-031 described as PARCEL THIRTY-ONE in the deed to Contra Costa County recorded December 9, 1985 in Volume 12652 of Official Records at page 570, being a non-tangent curve concave to the northwest having a radius of 1,196 feet; thence along the arc of said curve, southwesterly 52 feet, more or less, to the centerline of Danville Boulevard; thence non-tangent along said centerline, crossing Engineer's Station 603+65, northerly 110 feet, more or less, to the northwest line of said County parcel, being a non-tangent curve concave to the northwest having a radius of 1,096 feet and being concentric with said southeast line; thence along the arc of said curve, southwesterly 52 feet, more or less, to the southeast corner of Subdivision MS 114-75 filed October 20, 1976 in Book 49 of Parcel Maps at page 19, also being on the west right of way line of South Main Street (shown as Danville Boulevard on said map); thence along said west line in a general northwesterly direction 560 feet more or less to the centerline of Crest Avenue; thence along said centerline in a general southwesterly direction 980 feet, more or less, to an angle point thereon at the southeast corner of Lot 22 in "Walnut Creek Park" filed February 6, 1911 in Book 4 of Maps at page 84; thence along the south lines of Lots 22 and 19 (4 M 84), westerly 908.6 feet, to the centerline of Meadow Road; thence along said centerline, southerly 256 feet, to the north line of Lot 4 (4 M 84); thence along said north line, westerly 392.1 feet, to the northwest line thereof; thence along said northwest line, southwesterly 11.2 feet, to the northwest line of Subdivision MS 88-72 filed July 27, 1972 in Book 23 of Parcel Maps at page 15; thence along said northwest line in a general southwesterly direction 294.26 feet, to the southwest corner thereof on the boundary of Subdivision MS 204-76 filed August 18, 1977 in Book 57 of Parcel Maps at page 14; thence along said boundary in a general southwesterly direction 576 feet to the most southern corner thereof, shown as a 2" x 2" hub on the boundary of Subdivision MS 5-80 filed November 5, 1985 in Book 119 of Parcel Maps at page 25; thence along the boundary of Subdivision MS 5-80 in a general southwesterly direction 395.69 feet to the most southern corner thereof, also being the northwest corner of Subdivision 61-74 filed March 21, 1975 in Book 37 of Parcel Maps at page 20; thence along the boundary of Subdivision MS 61-74, south 5º23'53" east 219.02 feet and south 28º21'07" west 34.67 feet, to the northwest right of way line of Tice Valley Boulevard; thence crossing said road, southeasterly 72 feet, more or less, to the north corner of Lot 1 in Tract 2304 recorded November 29, 1955 in Book 61 of Maps at page 50; thence along the boundary of Tract 2304, south 26º58'20" east 352.4 feet, north 54º48'26" east 83.47 feet, and south 20º42'50" east 60 feet, to the northwest corner of Subdivision MS 224-77 filed September 14, 1978 in Book 69 of Parcel Maps at page 43; thence along the boundary thereof, north 69º03'05" east 182.07 feet, north 68º55'37" east 27.18 feet, and in a general southerly direction 824.1 feet, to the northeast corner of Subdivision MS 45-88 filed February 25, 1990 in Book 145 of Parcel Maps at page 32; thence along the boundary thereof as follows: 1) in a general southerly direction 403.55 feet to the north line of Saddle Road, 2) south 70º40'24" east 130.84 feet, 3) south 22º30'17" east 71.29 feet to the most eastern corner of Subdivision MS 45-88; thence south 70º40'17" east 21.72 feet, more or less, to the centerline of Castle Hill Ranch Road (a private road) at the northeast corner of Lot "B" shown on the Record of Survey filed March 13, 1984 in Book 74 of Licensed Surveyors' Maps at page 12; thence along said centerline in a general southerly direction 907 feet, more or less, to the southwest corner of PARCEL B in Subdivision MS 133- 72 filed September 7, 1972 in Book 24 of Parcel Maps at page 9; thence along the south line of PARCEL B, north 89º12'36” east 259.78 feet, to the boundary of Subdivision MS 58-75 recorded October 26, 1978 in Book 71 of Parcel Maps at page 23; thence along said boundary as follows: 1) north 0º36' east 41.92 feet, 2) south 89º12'12" east 176.01 feet to the northeast corner thereof, 3) in a general southerly direction 3,354.5 feet to the southeast corner thereof, and 4) south 87º05'11" west 274.17 feet; thence continuing south 87º05'11" west 300 feet to the centerline of Section 11 (T1S, R2W); thence along said centerline and the centerline of Section 14, southerly 6,663.66 feet, to the southwest corner of Subdivision 6419 "Alamo Ridge" filed July 28, 1988 in Book 323 of Maps at page 39; thence along the south line thereof, south 84º47'44" east 1,353.46 feet, to the northwest corner of Subdivision MS 150-75 filed June 14, 1976 in Book 45 of Parcel Maps at page 41; thence along the boundary thereof as follows: 1) south 0º39'40" east 1,233.72 feet, 2) south 84º17' east 2,622.91 feet, 3) north 76º18'50" east 481.39 feet, and 4) north 63º16' east 193.73 feet, to the northeast corner of APN 198-180-007 described as PARCEL TWO in the deed to East Bay Regional Park District (hereinafter referred to as EBRPD) recorded April 4, 1974 in Volume 7189 of Official Records at page 183; thence along the northeast line of ORDINANCE NO. 2021-37 -15- PARCEL TWO, also being the boundary of Rancho San Ramon, southeasterly 4,840 feet, more or less, to the northeast corner of APN 199-010-012 described as PARCEL FIVE in said deed to EBRPD; thence along the northeast line of PARCEL FIVE in a general southeasterly direction 1,207.59 feet to the east line of that 13.19 acre APN 199-010-011 excepted from PARCEL FIVE in said deed to EBRPD and also described as PARCEL ONE in the deed to the United States of America recorded July 29, 1980 in Volume 9930 of Official Records at page 913; thence along said east line in a general southeasterly direction 192.27 feet to an angle point on the boundary of said PARCEL FIVE; thence along said boundary in a general southerly direction 2,325.7 feet to the northeast corner of Section 25 (T1S, R2W); thence along the east line of Section 25, southerly 2,640 feet, more or less, to the northeast corner of Subdivision MS 53-81 filed March 28, 1985 in Book 115 of Parcel Maps at page 14; thence along the north line of Subdivision MS 53-81, north 88º43'43" west 3,035.66 feet, to the northeast corner of Subdivision MS 28-82 filed November 21, 1983 in Book 108 of Parcel Maps at page 11; thence along the north line of Subdivision MS 28-82, north 88º47'23" west 1,062.06 feet, to the northwest corner thereof; thence north 88º43'05" west 1,063.84 feet, to the west quarter corner of said Section 25; thence along the west line of Section 25, northerly 2,640 feet, more or less, to the northeast corner of Section 26 (T1S, R2W); thence along the north lines of Sections 26, 27, and 28 (T1S, R2W), westerly 15,840 feet, more or less, to the northwest corner of Section 28, also being the northeast corner of APN 258-310-002 shown on the Record of Survey filed June 20, 1980 in Book 67 of Licensed Surveyors' Maps at page 9; thence along the boundary thereof as follows: 1) south 0º27'37" east 1,306.53 feet, 2) south 88º43'10" west 1,290.34 feet, 3) south 0º15'06" east 1,303.04 feet, and 4) south 88º52'39" west 513.17 feet, to the boundary of Rancho Laguna de los Palos Coloradas; thence along said rancho boundary, south 1º13'26" west 929.81 feet, to rancho corner P.C. No. 32 shown on said map (67 LSM 9); thence continuing along said rancho boundary, south 19º28'45" west 3,547.16 feet, to rancho corner P.C. No. 31 (67 LSM 9) on the boundary common to Contra Costa and Alameda Counties; thence along said county boundary in a general northwesterly direction 56,700 feet, more or less, to Mount Diablo Base Line; thence along said base line, easterly 2,600 feet, more or less, to the east corner of Lot 55 of said rancho, also being the east corner of APN 267-010-009 described in the deed to EBRPD recorded July 24, 1940 in Volume 541 of Official Records at page 271; thence along the northeast line of said EBRPD parcel, northwesterly 551.76 feet, to the "FOUND 2" x 2" REDWD.STAKE & TACK" shown on the Record of Survey filed October 3, 1968 in Book 51 of Licensed Surveyors' Maps at page 23; thence north 25º10'15" west 140.66 feet and north 22º12'20" west 152.07 feet to the northwest corner of PARCEL "A" (51 LSM 23), also being the southwest corner of that 63.7 acre APN 267-020-005 described in the deed to Johnson Orinda Ranch Inc. recorded April 23, 1981 in Volume 10294 of Official Records at page 858; thence in a general northerly direction 3,132 feet, more or less, along said west line thereof and the west line of APN 267- 020-004 described in the deed to Theodore S. Urban et al. recorded December 24, 1985 in Volume 12675 of Official Records at page 199, to the northwest corner of said Urban parcel; thence continuing along the boundary of said Urban property (12675 O.R 199), being common with the boundary of APN 267-030-020 conveyed by East Bay Water Company to EBMUD recorded December 8, 1928 in Volume 163 of Official Records at page 90, as follows: 1) north 54º07'50" east 3,208.3 feet, 2) south 63º03' east 257.1 feet, 3) north 54º07'50" east 478.5 feet, and 4) south 30º53' east 998.4 feet, to the most eastern corner of APN 267-020-007 described in said Urban deed (12675 O.R. 199); thence leaving the boundary of said Urban property and continuing along said EBMUD boundary as follows: 1) south 30º53' east 99.2 feet, 2) in a general northeasterly direction 2,000 feet, more or less, to the southwest right of way line of Camino Pablo, and 3) along said southwest line in a general northwesterly direction 1,620 feet, more or less, to an angle point; thence along the prolongation of said southwest line, northwesterly 140 feet, more or less, to the prolongation of the northwest right of way line of Bear Creek Road; thence along said prolongation and northwest line in a general northeasterly direction 1,450 feet, more or less, to the southeast corner of APN 267-030-013 described as PARCEL ONE in the deed to EBMUD recorded February 9, 1990 in Volume 15650 of Official Records at page 239; thence along the boundary of PARCEL ONE in a general westerly, northwesterly and northeasterly direction 3,900 feet, more or less, to the west right of way line of Bear Creek Road; thence northeasterly 40 feet, more or less, to the east right of way line thereof; thence along said east line in a general northeasterly direction 3,150 feet, more or less, to the southern prolongation of the east line of said EBMUD parcel (163 O.R. 90); thence along said prolongation and east line, northerly 2,450 feet, more or less, to the northeast corner thereof on the east line of Rancho El Sobrante; thence along the east line of said rancho, northerly 8,236.46 feet, to the northwest corner of APN 267-100-001 described in the Final Order of Condemnation by EBMUD ORDINANCE NO. 2021-37 -16- recorded January 6, 1964 in Volume 4525 of Official Records at page 853, also being the southwest corner of "Garcia Ranch" filed December 10, 1914 in Book 12 of Maps at page 268; thence along the boundary of "Garcia Ranch" as follows: 1) along the north line of said EBMUD parcel, easterly 2,008.42 feet, to the northwest corner of APN 267-110-005 described in the deed to John J. Naylor et ux. recorded September 8, 1981 in Volume 10481 of Official Records at page 551, 2) along the north line thereof, easterly 2,626 feet, more or less, to the northwest corner of Subdivision 118-76 filed January 26, 1977 in Book 51 of Parcel Maps at page 39, 3) along the north line thereof, north 89º39'09" east 6,743.17 feet, to the boundary of APN 365-200-010 described in the deed to EBRPD recorded March 28, 1966 in Volume 5086 of Official Records at page 467, 4) along said boundary easterly 419.5 feet, northerly 558.81 feet, and easterly 784.67 feet, to the southwest corner of APN 365-200-002 described as PARCEL TWO in the deed to EBRPD recorded February 7, 1966 in Volume 5052 of Official Records at page 508, 5) along the west line thereof, northerly 723.83 feet, to the south corner of APN 365-200-001 described as PARCEL FOUR in said deed (5052 O.R. 508), and 6) along the boundary of PARCEL FOUR in a general northerly direction 2,061.71 feet, to the west corner thereof; thence leaving the boundary of "Garcia Ranch" and continuing along the boundary of said PARCEL FOUR in a general easterly direction 5,291.22 feet to the northwest corner of APN 365-200-003 described as PARCEL ONE in said deed (5052 O.R. 508); thence along the boundary of PARCEL ONE in a general easterly direction 2,310.11 feet to the northwest corner of APN 365-200-004 described as PARCEL THREE in said deed (5052 O.R. 508); thence along the boundary of PARCEL THREE in a general easterly direction 2,885.21 feet to the northwest corner of APN 365-200-005 described as PARCEL FIVE in said deed (5052 O.R. 508); thence along the boundary of PARCEL FIVE in a general easterly direction 2,375.53 feet to the most southern corner of APN 365-180-004 described in the Final Order of Condemnation by EBRPD recorded March 15, 1965 in Volume 4823 of Official Records at page 139, also being on the east line of Rancho Boca de la Canada de Pinole; thence along the boundary of said condemnation parcel, northerly 3,198.15 feet and northeasterly 3,061.66 feet, to the southwest corner of Subdivision MS 37-88 filed December 14, 1989 in Book 144 of Parcel Maps at page 14; thence along the boundary thereof, north 0º59'55" east 1,459.73 feet and south 88º50'38" east 511.03 feet, to the southwest corner of Subdivision 6769 filed October 13, 1988 in Book 326 of Maps at page 22; thence along the boundary of Subdivision 6769, north 1º41'08" east 865.96 feet and in a general northeasterly direction 2,532.69 feet; thence north 64º48'04" east 50 feet, more or less, crossing Reliez Valley Road, to the southwest line of the property delineated on the map filed April 28, 1978 in Book 65 of Parcel Maps at page 19; thence along said southwest line in a general southeasterly direction 460 feet, more or less, to the most southern corner thereof, also being the southwest corner of Subdivision 3543 filed November 16, 1966 in Book 113 of Maps at page 31; thence along the boundary of Subdivision 3543 as follows: 1) north 0º47'14" east 466.07 feet, 2) north 6º23'45" west 231.57 feet, 3) north 47º51'23" east 222.37 feet, 4) south 10º14'43" east 352.52 feet, 5) north 79º51'46" east 727.49 feet, and 6) south 19º26'31" east 1,052.81 feet, to the northeast corner of Subdivision 5157 filed September 21, 1978 in Book 217 of Maps at page 16; thence along the east line of Subdivision 5157, south 19º25'03" east 255.64 feet, to the northeast corner of Lot 28 in Subdivision 3114 "Walnut Hills Country Club Estates" recorded October 9, 1963 in Book 95 of Maps at page 33; thence along the boundary of Subdivision 3114, south 19º27'29" east 142 feet and south 89º52'20" east 217.75 feet, to the northwest corner of Subdivision 7243 "Pleasant Hill Country Club" filed July 30, 1992 in Book 362 of Maps at page 36; thence along the boundary of Subdivision 7243, south 89º59' east 779.35 feet, to the northwest corner of Subdivision 3812 "Shannon Hills Unit 3" filed March 15, 1972 in Book 144 of Maps at page 45; thence along the north line of Subdivision 3812, south 89º37'46" east 1,161.41 feet, to the northwest corner of Subdivision 3779 "Shannon Hills Unit 2" recorded November 13, 1968 in Book 125 of Maps at page 3; thence along the boundary of Subdivision 3779, south 89º37'46" east 836.89 feet and north 53º46'24" east 63.51 feet, to the west corner of Lot 2 in Subdivision 3274 "Shannon Hills Unit 1" recorded September 26, 1969 in Book 117 of Maps at page 27; thence along the boundary of Subdivision 3274, north 53º46'24" east 78.11 feet and north 36º07'09" east 90.28 feet, to the most western corner of Subdivision 3313 recorded February 3, 1965 in Book 102 of Maps at page 14; thence along the boundary of Subdivision 3313 as follows: 1) north 28º54'55" east 205.51 feet, 2) north 0º08' 52" east 172.84 feet, 3) south 85º42'23" east 110.29 feet, and 4) north 54º29'37" east 44.2 feet, to the northeast corner thereof; thence continuing north 54º29'37" east 80 feet, more or less, to the northeast right of way line of Alhambra Avenue; thence along said northeast line in a general northwesterly direction 660 feet, more or less, to the northwest right of way line of Paso Nogal as said road is shown on the map filed September 30, 1968 in Book 5 of Parcel Maps at page 41; thence along said right of way in a ORDINANCE NO. 2021-37 -17- general northeasterly and northerly direction 730 feet, more or less, to the northeast corner of Parcel "B" (5 PM 41), also being the southeast corner of Subdivision 4988 "Hillside Park" recorded November 13, 1978 in Book 219 of Maps at page 11; thence along the south line of Subdivision 4988, north 89º27'20" west 412.24 feet, to the northeast right of way line of Alhambra Avenue; thence along said northeast line in a general northwesterly direction 4,900 feet, more or less, to the southeast corner of the Record of Survey filed September 18, 1967 in Book 49 of Licensed Surveyors' Maps at page 31; thence along the boundary thereof, north 20º10'53" east 656.87 feet and north 61º08'20" west 419.07 feet, to north corner thereof on the boundary of Subdivision 3556 "Valley High Unit II" filed August 21, 1968 in Book 122 of Maps at page 27; thence along the boundary of Subdivision 3556, north 21º29'51" west 121.1 feet and north 47º22'59" east 1,336.63 feet, to the most western corner of Subdivision 5132 "Valley High Unit 2" filed December 1, 1981 in Book 261 of Maps at page 7; thence along the boundary of Subdivision 5132, north 47º22'59" east 374.11 feet, south 89º09'34" east 1,322.61 feet, and south 87º33'13" east 286.28 feet; thence easterly 660 feet to the northwest corner of Subdivision 5126 "Diablo Valley Estates Unit 1" filed February 15, 1978 in Book 208 of Maps at page 1; thence along the boundary thereof, south 87º46'18" east 479.86 feet, north 8.16 feet, and north 89º44'06" east 1,227.72 feet; thence easterly 537.41 feet to the north line of Subdivision MS 12-79 filed September 5, 1980 in Book 89 of Parcel Maps at page 6; thence along said north line, easterly 725 feet, more or less, to the southwest corner of Subdivision 4964 "Hidden Lakes Unit 3" filed July 9, 1979 in Book 226 of Maps at page 30; thence along the boundary of Subdivision 4964, north 89º37'28" east 598.94 feet and north 1º04'01" east 682 feet, to the southeast corner of Subdivision 6313 "Hidden Lakes Unit 8" filed June 6, 1983 in Book 270 of Maps at page 20; thence along the east line of Subdivision 6313, north 1º04'02" east 738 feet, to the northeast corner; thence south 88º55'05" east 170 feet to the west right of way line of High Street; thence along said west line, northerly 95 feet, more or less, to the south corner of PARCEL 1 shown on the Record of Survey filed June 9, 1962 in Book 20 of Licensed Surveyors' Maps at page 15; thence along Contra Costa Canal right of way shown as U.S.A. (461 O.R. 391) on said map, north 57º42' west 116.83 feet and north 1º 48' west 250.5 feet, to a concrete monument (20 LSM 15); thence continuing along said canal right of way in a general northerly direction 813.41 feet to the south right of way line of Center Avenue; thence along said south line in a general easterly direction 970 feet, more or less, to the southern prolongation of the west line of Tract 2024 recorded March 24, 1955 in Book 57 of Maps at page 26; thence along said prolongation, north 0º14'50" east 80 feet, more or less, to said west line; thence along the boundary of Tract 2024, north 0º14'50" east 560.61 feet, south 89º59'39" west 79.01 feet, and north 54º51'15" west 62.93 feet, to the south corner of Tract 2632 recorded August 7, 1958 in Book 70 of Maps at page 34; thence along the boundary of Tract 2632, north 54º51'15" west 50 feet and north 24º23'13" west 305.28 feet, to the southwest corner of Lot 87 in Tract 2024 (57 M 26); thence along the boundary of Tract 2024 in a general northerly direction 634.69 feet and north 88º28'58" east 25.83 feet to the southwest corner of "Beckett Acres Unit No. 2" recorded April 22, 1954 in Book 53 of Maps at page 37; thence along the boundary of "Beckett Acres Unit No. 2" in a general northerly direction 1,397.65 feet to the southwest corner of APN 125-193-028 described in the Partial Release and Reconveyance to Contra Costa County Water District recorded February 17, 1961 in Volume 3807 at page 278; thence along the west line thereof, northerly 44 feet; thence crossing Vine Hill Road, northerly 41 feet, more or less, to the southwest corner of that 2.25 acre APN 125-200-001 described as PARCEL 1 in the Final Order of Condemnation by the State of California recorded March 20, 1958 in Volume 3137 of Official Records at page 554; thence along the northwest line thereof, north 33º40' east 271.4 feet; thence along the City of Martinez boundary, northeasterly 250 feet, more or less, to the centerline of State Highway Route 4; thence along said centerline in a general easterly direction 5, 925 feet, more or less, to the centerline of Walnut Creek Flood Control Channel being a non-tangent curve concave to the southwest having a radius of 5,000 feet; thence along the arc of said curve northwesterly 460 feet, more or less, to its terminus, distant north 56º15'04" east 208 feet from Contra Costa County Flood Control and Water Conservation District Monument #68108; thence continuing along said centerline in a general northerly direction 20,262.54 feet, to its outfall in Suisun Bay; thence north 23º28'34" west 1,150 feet, more or less, to the boundary common to Contra Costa and Solano Counties; thence along said boundary in a general easterly direction 27,000 feet, more or less, to the Point of Beginning. RECOMMENDATION(S): ADOPT Resolution No. 2021/350 approving the Stormwater Management Facilities Operation and Maintenance Agreement for development plan permit DP16-03025, for a project being developed by Camino Diablo Storage LLC, as recommended by the Public Works Director, Walnut Creek area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Stormwater Management Facilities Operation and Maintenance Agreement is required by Condition of Approval No. 61. CONSEQUENCE OF NEGATIVE ACTION: The agreement will not be recorded and the Contra Costa County may not be in full compliance with its National Pollutant Discharge Elimination System (NPDES) permit and Stormwater Management Discharge Control Ordinance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Randolf Sanders (925) 313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Ronald Lai, Engineering Services, Michelle Mancuso- Watershed Program, Flood Control, John Steere, Watershed Program, Flood Control, Renee Hutchins - Records, Karen Piona- Records, Ruben Hernandez - DCD, Branahg Development/Camino Diablo Storage LLC C. 8 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:Approve the Stormwater Management Facilities Operation and Maintenance Agreement for development plan permit DP16-03025, Walnut Creek area. AGENDA ATTACHMENTS Resolution No. 2021/350 Stormwater Management Facilities Operation & Maintenance Agreement and Right of Entry MINUTES ATTACHMENTS Signed: Resolution No. 2021/350 Recorded at the request of:Clerk of the Board Return To:Public Works Dept- Simone Saleh THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/09/2021 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/350 IN THE MATTER OF approving the Stormwater Management Facilities Operation and Maintenance Agreement for development plan permit DP16-03025 (APN 177-140-055), Walnut Creek area. (District II) WHEREAS the Public Works Director has recommended that he be authorized to execute the Stormwater Management Facilities Operation and Maintenance Agreement with Camino Diablo Storage LLC, as required by the Conditions of Approval for development plan permit DP16-03025. This agreement would ensure the operation and maintenance of the stormwater facilities in accordance with the approved Stormwater Control Plan and approved Operation and Maintenance Plan for development plan permit DP16-03025, which is located at 2870 Camino Diablo in the Walnut Creek area. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED . Contact: Randolf Sanders (925) 313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Ronald Lai, Engineering Services, Michelle Mancuso- Watershed Program, Flood Control, John Steere, Watershed Program, Flood Control, Renee Hutchins - Records, Karen Piona- Records, Ruben Hernandez - DCD, Branahg Development/Camino Diablo Storage LLC RECOMMENDATION(S): APPROVE the Fiscal Year (FY) 2021/22 Dougherty Valley Maintenance County Service Area M-29 budget totaling $27,341,086 as summarized as Exhibit 1, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: 100% County Service Area M-29 Funds. BACKGROUND: Dougherty Valley is an 11,000 +/- unit development that was approved by and is being processed through Contra Costa County. This territory is annexed into the City of San Ramon as Final Maps are approved, and improvements are accepted as complete. Dougherty Valley began construction in 1996 and currently 100% of the homes have been annexed into San Ramon. A 1994 Settlement Agreement that allowed for the development of Dougherty Valley also laid out a plan to provide for the long-term operation and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Randolf Sanders (925) 313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Monica Nino- County Administrator , Robert Campbell, Auditor Controller, Michelle Gonsalves - Finance, Shirley Lau, Finance, Chris Low - City of San Ramon, Candace Daniels - San Ramon Finance Manager, Francisco & Associates, Inc. C. 9 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:APPROVE the Fiscal Year 2021/22 Budget for Dougherty Valley Maintenance for County Service Area M-29, San Ramon (Dougherty Valley) area. BACKGROUND: (CONT'D) maintenance of the increased municipal services provided in Dougherty Valley. These increased services include Police Protection, Park Maintenance, Landscape Maintenance, Street Lighting, increased Library Services, and the operation and maintenance of 3 Community Facilities Buildings (Community Center, Senior Center, and Service Center). In a 1997 Memorandum of Understanding between Contra Costa County and the City of San Ramon, it was decided that these increased services would be provided by the City of San Ramon and reimbursed through property tax and special assessment revenue of CSA M-29. CSA M-29 was created in 1998 to collect property tax and special assessment revenue. However, the Dougherty Valley Maintenance Budget includes all revenue from CSA M-29 in addition to sales tax, real property transfer tax and contributions from the City of San Ramon General Fund. At the end of the fiscal year, funds are to be reimbursed to the City of San Ramon for various municipal services provided within the Dougherty Valley area. On December 20, 2005, the Board of Supervisors approved a Reimbursement Agreement between the County, the City of San Ramon, Shapell Industries and Windemere BLC Land Company to provide reimbursement to the City of San Ramon for providing services within the boundaries of Dougherty Valley. The Reimbursement Agreement outlined the annual process for the City of San Ramon to receive reimbursement of funds for services rendered in Dougherty Valley. The process laid out in the agreement calls for the annual budget for Dougherty Valley Maintenance to be approved at the San Ramon City Council level and then subsequently approved at the County Board of Supervisors. On June 8, 2021, by Resolution 2021-082, the San Ramon City Council approved the FY 2021/22 citywide operating and capital budgets including line items for the Dougherty Valley Maintenance which totaled $27,341,086 in expenses. CONSEQUENCE OF NEGATIVE ACTION: The Dougherty Valley Maintenance budget will not be approved and the City of San Ramon will not receive reimbursement for city services performed in Dougherty Valley as agreed to under terms of the Reimbursement Agreement and the 1994 Settlement Agreement. ATTACHMENTS Exhibit 1, Dougherty Valley Maintenance FY 2021/22 Annual Budget EXHIBIT 1 Actual Actual Actual Budget 2018-19 2019-20 2020-21 2021-22 REVENUE I. Direct Revenues (excluding CSA M-29 Tax/Assessment) a. CSA M-29 Advalorem Property Taxes $3,429,643 $3,632,103 $3,797,614 $4,160,856 b. Real Property Transfer Tax $388,448 $291,093 $285,273 $392,538 Subtotal $3,818,091 $3,923,195 $4,082,888 $4,553,394 II. Indirect Revenue (City of San Ramon Contribution) a. Sales Tax $1,777,338 $1,869,449 $1,942,710 $1,981,126 b. Fines and Forfeitures $78,854 $60,121 $36,170 $94,338 c. Licenses/Permits/Franchise Fees $365,819 $406,911 $443,503 $525,435 d. Motor Vehicle In-Lieu Fees $662,677 $738,369 $807,451 $1,019,919 Subtotal $2,884,687 $3,074,850 $3,229,833 $3,620,818 III. CSA M-29 Special Tax/Assessment Revenue $13,886,010 $14,603,227 $15,158,943 $15,395,273 IV. San Ramon General Fund Contribution to cover GAP $2,803,976 $2,513,382 $3,316,841 $3,771,600 TOTAL AVAILABLE REVENUE $23,392,763 $24,114,654 $25,788,504 $27,341,086 EXPENDITURES a. Internal Road Maintenance ($1,337,079) ($919,717) ($962,508) ($1,110,012) b. Street Landscaping ($6,327,520) ($5,820,103) ($5,953,785) ($6,313,780) c. Park Maintenance ($3,914,628) ($4,077,547) ($4,565,387) ($5,015,018) d. Open Space Maintenance ($120,228) ($206,371) ($202,820) ($326,221) e. Flood Control Services ($81,514) ($102,387) ($179,343) ($77,442) f. Police Services ($8,026,360) ($9,219,062) ($9,764,174) ($9,964,602) g. Community Facilities (no Library Operations) ($1,267,232) ($1,379,725) ($1,604,869) ($1,824,533) h. Overhead to City @ 11% ($2,318,202) ($2,389,742) ($2,555,618) ($2,709,477) TOTAL EXPENDITURES ($23,392,763) ($24,114,654) ($25,788,504) ($27,341,086) Dougherty Valley Maintenance FY 2021-22 Annual Budget RECOMMENDATION(S): DENY claims filed by JuDon Cherry and Henry Newton. FISCAL IMPACT: No fiscal impact. BACKGROUND: JuDon Cherry: Personal injury claim for economic damages in the amount of $5,000,000. Henry Newton: Personal injury claim for bicycle accident in the amount of $2,500,000. CONSEQUENCE OF NEGATIVE ACTION: Not acting on the claims could extend the claimants’ time limits to file actions against the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Risk Management I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 10 To:Board of Supervisors From:Monica Nino, County Administrator Date:November 9, 2021 Contra Costa County Subject:Claims APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Colleen Awad, 925-521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 11 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:November 9, 2021 Contra Costa County Subject:In the Matter of Recognizing the Hospice of the East Bay’s Tree of Lights Program on its 35th Anniversary AGENDA ATTACHMENTS Resolution 2021/360 MINUTES ATTACHMENTS Signed Resolution No. 2021/360 In the matter of:Resolution No. 2021/360 In the Matter of Recognizing the Hospice of the East Bay’s Tree of Lights Program on its 35th Anniversary WHEREAS, Hospice of the East Bay offers free bereavement services to the entire community and has been serving patients and families since 1977; and WHEREAS, Hospice of the East Bay provides compassionate end-of-life care to terminally ill patients while offering emotional, spiritual, and grief support for the entire family; and WHEREAS, over the past forty-four years, they have provided hospice and palliative care services that support and comfort people and their loved ones, in our communities through the final phase of their life; and WHEREAS, Hospice of the East Bay owns and operates the Bruns House, the only licensed Hospice facility in the nine-bay county area; and WHEREAS, For the past 35 years, Hospice of the East Bay has been remembering those that we have lost with the Tree of Lights; and WHEREAS, in November and December, they hold twelve ceremonies throughout our area, to allow families and friends to honor their loved ones through the symbolism of a light, beautiful music, and the reading of names; and WHEREAS, the funds raised by these events, help Hospice of the East Bay provide hospice and palliative care services to everyone in our community, regardless of their ability to pay; and WHEREAS, these gifts also allow Hospice of the East Bay to offer additional support services and programs such as music therapy and our bereavement services. NOW, THEREFORE BE IT RESOLVED that the Contra Costa County Board of Supervisors recognizes Hospice of the East Bay and the Tree of Lights Program for their 35 years of service and comfort to grieving families in our community. ___________________ DIANE BURGIS Chair, District III Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Colleen Awad, 925-521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 12 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:November 9, 2021 Contra Costa County Subject:In the Matter of Recognizing Shelter, Inc. on their 35th Anniversary AGENDA ATTACHMENTS Resolution 2021/364 MINUTES ATTACHMENTS Signed Resolution No. 2021/364 In the matter of:Resolution No. 2021/364 In the Matter of Recognizing Shelter, Inc. on their 35th Anniversary WHEREAS, SHELTER, Inc. grew out of community meetings organized to tackle an increase in homelessness; and WHEREAS, Since 1986, over 263,000 children, women and men have been helped through a three tier approach aimed at preventing homelessness, breaking the cycle of homelessness and providing affordable housing; and WHEREAS, SHELTER, Inc. started in Contra Costa County and now has expanded to Solano and Sacramento Counties; and WHEREAS, SHELTER, Inc. provides shelter services as well as additional wrap around services including: case management, employment assistance and housing navigation; and WHEREAS, throughout the COVID-19 pandemic, they have had an unprecedented amount of demand on their services and have been one of the community-based organizations to help tenants apply for the Emergency Rental Assistance Program (ERAP); and WHEREAS, SHELTER, Inc.’s vision is to rebuild lives one family at a time, by helping them re-establish a home, and assisting with the skills and resources needed to live the life they deserve; and WHEREAS, SHELTER, Inc. serves veterans who are at risk of losing their housing as well as those veterans who are homeless through the Supportive Services for Veterans Families (SSVF) which provides eligible veteran families with financial assistance, case management, and assistance in obtaining VA and other benefits; and WHEREAS, SHELTER, Inc. is an active member of the Contra Costa Continuum of Care and have been active on the Council on Homelessness. NOW, THEREFORE BE IT RESOLVED that the Contra Costa County Board of Supervisors recognizes Shelter, Inc. for their 35 years of service to helping the homeless population in our community. ___________________ DIANE BURGIS Chair, District III Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Teresa Gerringer 925-252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 13 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:November 9, 2021 Contra Costa County Subject:LAUNCHING THE “2021 COUNTIES CARE – HOLIDAY FOOD FIGHT” AGENDA ATTACHMENTS Resolution 2021/370 MINUTES ATTACHMENTS Signed Resolution No. 2021/370 In the matter of:Resolution No. 2021/370 Launching the “2021 Counties Care – Holiday Food Fight” WHEREAS, the Food Bank of Contra Costa and Solano Counties originated as a Contra Costa County project; and WHEREAS, The Food Bank works heroically on the front lines of the daily effort to address food inadequacies, providing food to approximately 119,000 residents of Contra Costa County monthly; and WHEREAS, one in seven people in this County need the Food Bank’s assistance at this time; and WHEREAS, climate, power outages, devastating fires, COVID-19, housing shortages, skyrocketing rents and other societal pressures create extra demands on the Food Bank’s budget, due to reduced access to fresh produce, as well as the necessity to serve people that need extra help to make ends meet and navigate their changing situations; and WHEREAS, the Food Bank is enabled by our monetary donations from County employees to purchase and distribute fresh produce, which makes up nearly 55% of everything they dispense to our neighbors; and WHEREAS, since 2002, approximately 6,530 employees of Contra Costa County, in virtually every department, have participated in this annual drive to serve the residents of Contra Costa County who are in need and have over the last 19 years raised approximately $1.5 million toward this effort; and WHEREAS, the “2021 Counties Care - Holiday Food Fight” will take place between November 15th and December 31, 2021; and WHEREAS, County employees encourage the public to participate in the “2021 Counties Care - Holiday Food Fight” between the employees of Contra Costa and Solano counties by donating generously and often to the Food Bank of Contra Costa and Solano online in a corresponding “people-to-people” challenge; NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of Contra Costa County hereby recognizes this great and constant need in the community, and commends, encourages, and challenges employees and residents of Contra Costa and Solano counties to open their hearts and wallets to assist the Food Bank of Contra Costa and Solano Counties and its client organizations during the coming holiday season; and BE IT FURTHER RESOLVED that the Board of Supervisors of Contra Costa County hereby officially continues the annual challenge with Solano County and kicks off the “2021 Counties Care - Holiday Food Fight” and BE IT FURTHER RESOLVED that the Board of Supervisors of Contra Costa County hereby encourages all citizens of Contra Costa and Solano counties to extend the generous holiday spirit throughout the year to help those less fortunate. ___________________ DIANE BURGIS Chair, District III Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dawn Morrow, 925-252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 14 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:November 9, 2021 Contra Costa County Subject:Recognizing Veterans Day and honoring the veterans of Contra Costa County. AGENDA ATTACHMENTS Resolution 2021/374 MINUTES ATTACHMENTS Signed Resolution No. 2021/374 In the matter of:Resolution No. 2021/374 Recognizing Veterans Day and honoring the veterans of Contra Costa County. Whereas, on November 11, 1919, President Woodrow Wilson proclaimed the first commemoration of Armistice Day; and Whereas, in 1938, an act was passed to make November 11th a Federal Holiday dedicated to the cause of world peace and would be known as Armistice Day; and Whereas, in 1954, a new act was passed which changed the name from Armistice Day to Veterans Day and it has been celebrated ever since; and Whereas, on Veterans Day, we pay tribute to the service and sacrifice of the men and women who in defense of our freedom have bravely worn the uniform of the United States; and Whereas, our veterans have defended our nation's ideals established by our founding fathers, protected the innocent, and liberated the oppressed from tyranny and terror; and Whereas, the freedom and security enjoyed by Americans is the direct result of the sacrifices of those who have served and who are serving in our Armed Forces; and Whereas, our veterans have served with honor, courage, and commitment in World War II, Korea, Vietnam, Operation Desert Storm, Afghanistan, Iraq, and other military actions protecting our freedoms; and Whereas, 2021 marks the 20th anniversary of the 9/11 attacks on the Twin Towers and the Pentagon and the start of the Global War on Terrorism; and Whereas, the Global War on Terrorism sent troops to both Afghanistan and Iraq shaped the experiences of multiple generations of veterans; and Whereas, the War on Terrorism veterans served with honor and devotion and made the world safer, your sacrifices and courage will not be forgotten by our community; Whereas, our veterans who were once leaders in the Armed Forces, are now pioneers of industry and pillars of their communities. Their character reflects our enduring American spirit, and in their example, we find inspiration and strength; and Whereas, many of our veterans continue to serve one another through the over 20 veteran services organizations throughout Contra Costa County that continue to provide invaluable services to our veterans: assistance with health claims, job training programs, community support, mental health services, and countless hours of volunteer services throughout our communities; and Whereas, we will never forget the heroes who have made the ultimate sacrifice and all those who have not yet returned home. Now, therefore, be it resolved that the Board of Supervisors of Contra Costa County does hereby recognize and honor the men and women of our country, who have served, and who are serving, in our Armed Forces of the United States in observance of Veterans Day 2021. ___________________ DIANE BURGIS Chair, District III Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator By: ____________________________________, Deputy RECOMMENDATION(S): ADOPT Ordinance 2021-35 to repeal Article 24-2.2 of the County Ordinance Code establishing supervisorial districts after the 2010 decennial census, as recommended by the County Counsel. FISCAL IMPACT: None. BACKGROUND: Following each decennial census, the Board of Supervisors is required to reestablish supervisorial districts that are substantially equal in population based on data from that census. The current supervisorial districts were established by Ordinance No. 2011-15, which the Board of Supervisors adopted on August 9, 2011, after the 2010 decennial census. Ordinance No. 2011-15 is codified at Article 24-2.2 of the County Ordinance Code and identifies each whole and partial census tract within each supervisorial district. In accordance with Elections Code section 21500, et seq., and other applicable legal requirements, the Board of Supervisors is undertaking a public process to determine how supervisorial districts will be reestablished following the 2020 decennial census to ensure they remain substantially APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mary Ann McNett Mason, County Counsel, (925) 655-2200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 15 To:Board of Supervisors From:Mary Ann Mason, County Counsel Date:November 9, 2021 Contra Costa County Subject:Adopt Ordinance No. 2021-35 repealing current supervisorial district boundaries. BACKGROUND: (CONT'D) equal in population. Assembly Bill 594 (Stats. 2021, Ch. 320, § 2), urgency legislation that became effective on September 27, 2021, amended Elections Code section 21500(a) to authorize county boards of supervisors to reestablish supervisorial districts by resolution. Establishing supervisorial districts by resolution will allow for a longer process of public engagement. A resolution will need to be adopted by December 15, 2021, in accordance with Elections Code section 21501(a)(2). The resolution will need to identify each whole and partial census tract within each supervisorial district. On October 19, 2021, the Board of Supervisors voted to introduce Ordinance No. 2021-35 to provide for the repeal of Article 24-2.2, setting the existing supervisorial districts, so that supervisorial districts can be reestablished by resolution following the 2020 decennial census; the Board waived reading of the ordinance; and the Board set November 9, 2021, for adoption. Ordinance No. 2021-35 provides that the repeal of Article 24-2.2 will become operative on the operative date of a resolution establishing new supervisorial districts. The adoption of Ordinance 2021-35 will ensure a seamless transition to new supervisorial districts. For these reasons, the County Counsel recommends adoption of Ordinance No. 2021-35. AGENDA ATTACHMENTS Ordinance No. 2021-35 MINUTES ATTACHMENTS Signed Ordinance 2021-35 ORDINANCE NO. 2021-35 1 ORDINANCE NO. 2021-35 (Repeal of Article 24-2.2 Reestablishing Supervisorial Districts after 2010 Decennial Census) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. Summary. This ordinance repeals Article 24-2.2 (Supervisorial Districts) of the County Ordinance Code, which reestablished supervisorial districts following the 2010 decennial census. The Board of Supervisors will adopt a resolution reestablishing supervisorial districts based on the 2020 decennial census. This ordinance becomes operative when that resolution becomes operative. This ordinance is adopted pursuant to Elections Code section 21500 and other applicable legal authority. SECTION II. Findings. The Board of Supervisors finds as follows: A. Following each decennial census, Elections Code section 21500 requires the Board of Supervisors to adopt a resolution or ordinance reestablishing supervisorial districts that are substantially equal in population. On August 9, 2011, following the 2010 decennial census, the Board of Supervisors adopted Ordinance No. 2011-15, codified at Article 24- 2.2 of the County Ordinance Code, to establish the current supervisorial districts. B. The 2020 decennial census data has been made available to the County, and the Board of Supervisors is required to reestablish County supervisorial districts based on that data. The Board of Supervisors intends to reestablish County supervisorial districts by adopting a resolution that redesignates, by whole and partial census tract, the boundaries of each supervisorial district within the County (the “2021 redistricting resolution”). C. Elections Code section 21501(a) requires the Board of Supervisors to adopt the 2021 redistricting resolution by December 15, 2021 (i.e., 174 days before the June 6, 2022 statewide primary election). The Board of Supervisors desires for this ordinance to become operative when the 2021 redistricting resolution becomes operative to ensure a seamless transition to new supervisorial districts. SECTION III. Repeal of Article 24-2.2. Article 24-2.2 (Supervisorial Districts) of the County Ordinance Code is hereby repealed and of no further force or effect. SECTION IV. Effective Date and Operative Date. This ordinance becomes effective but not operative 30 days after passage. This ordinance becomes operative when the 2021 redistricting resolution becomes operative. Within 15 days after passage, this ordinance shall be published once, with the names of the Supervisors voting for or against it, in the East Bay Times, a newspaper published in this County. ORDINANCE NO. 2021-35 1 PASSED on ___________________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MONICA NINO, _____________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By: ______________________ [SEAL] Deputy SMS: H:\Client Matters\CAO\Redistricting\Ord Repealing Supervisorial Districts - Final 101121.docx RECOMMENDATION(S): ACCEPT the resignation of Megan Casey, DECLARE a vacancy in the Local Committee, City of Oakley seat on the Advisory Council on Aging for a term ending September 30, 2023 and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Employment and Human Services Director. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: Megan Casey was first appointed to Local Committee, City of Oakley seat, on September 8, 2020. Ms. Casey submitted her resignation due to her relocation out of state. The seat expires September 30, 2023. The Advisory Council on Aging (ACOA) provides a means for countywide planning, cooperation, and coordination for individuals and groups interested in providing and developing services and opportunities for the older residents of the County. ACOA provides leadership and advocacy on behalf of older persons as a channel of communication and information on aging. CONSEQUENCE OF NEGATIVE ACTION: The Advisory Council on Aging may not be able to conduct routine business. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 16 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 9, 2021 Contra Costa County Subject:Advisory Council on Aging Resignation AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice Contra· Costa County NOTICE C.16 The Board of Supervisors will make appointments to fill existing advisory body vacancies. Interested citizens may submit written applications for vacancies to the following address: Clerk of the Board of Supervisors 1025 Escobar Street, ist Floor Martinez, CA 9455 Board , Commission , or Committee Advisory Council on Aging Seat: Local Committee Oakley A ppointments will be made after November 23, 2021 I, Monica Nino, Clerk of the Board of Supervisors and the County Administrator, hereby certify that, in accordance with Section 54974 of the Government Code, the above notice of vacancy (vacancies) will be posted on November 9, 2021. cc: Hard Copy to Clerk of the Board lobby Hard Copy to Minutes File Soft Copy .DOCX to M:\5-Notices and Postings Soft Copy .PDF to S:\Minutes Attachments\Minutes 2020 Soft Copy .PDF to M:\1-Committee Files and Applications I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: November 9, 2021 Monica Nino, Clerk of the Board of Supervisors ::.~~ Deputy Clerk RECOMMENDATION(S): APPOINT Adam Falcon to the Town of Danville seat on the Iron Horse Corridor Management Program Advisory Committee, to replace and complete the term of Brittany Beech, for a term ending June 30, 2024, as recommended by District II Supervisor Candace Andersen. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Iron Horse Corridor Management Program Advisory Committee was authorized by the Board of Supervisors on July 22, 1997. It was established to assist Contra Costa County in developing a management program for the Iron Horse Corridor. In October of 2000 the Board expanded the Advisory Committee’s role to continue implementation and monitoring of the Landscape Element of the Management Program and to assist in the completion of the Joint Use Criteria and Standards, Public Information, and Finance elements of the Management Program. Advisory Committee seats include one representative from each jurisdiction or unincorporated community along the corridor, a District II seat, a District IV seat, a seat for the East Bay Regional Park District, and a seat for the Contra Costa Transportation Authority. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Carl Roner - (925) 313-2213 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Carrie Ricci- Duty, Carl Roner- Special Districts, Adam Falcon - Town of Danville C. 17 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:Appointment on the Iron Horse Corridor Management Program Advisory Committee. (District II and District IV) CONSEQUENCE OF NEGATIVE ACTION: The seat will become vacant. RECOMMENDATION(S): APPOINT the following individuals to the Diablo Municipal Advisory Council, as recommended by Supervisor Diane Burgis. Matthew Cox Diablo, CA 94528 Term Expiration: December 31, 2024 Seat Name: Roads Commissioner Kathy Urbelis Diablo, CA 94528 Term Expiration: December 31, 2024 Seat Name: President & Security Commissioner FISCAL IMPACT: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lea Castleberry 925-252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 18 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:November 9, 2021 Contra Costa County Subject:APPOINTMENTS TO DIABLO MAC BACKGROUND: Established on December 19, 2006 via Resolution No. 2006/791, the purpose of the Council is to advise the Board of Supervisors on discretionary land use matters affecting the Diablo community, such as land use designations, general plan amendments, environmental impact reports, negative declarations, zoning-variance applications and building permit applications for additions or remodeling projects which would affect the exterior dimensions of the residence and for which noticed public hearings are required or could be required by the County's Planning Agency. The Council shall also represent the community before the County Planning Commission, the Zoning Administrator and the County Board of Supervisors on such land use, planning and zoning matters. The Council will advice in accordance with the policies and of the General Plan, including sections 3-129 and 3-138. It is understood that the Board of Supervisors is the final decision making authority and that the Council shall serve solely in an advisory capacity. In addition, the Council may: Advise the Board of Supervisors on local government services as requested by the Board; provide input and reports to the Board, county staff, or any other county hearing body on issues of concern to the community; serve as a liaison between the community an the County Supervisor representing Diablo. Except as specified above, the Council may not represent the Diablo community to any state, county, city, special district, or school district, agency or commission, or any other organization on any matter concerning the community. The Council consists of 5 members, each of whom shall be a current elected member of the Diablo Community Services District Board of Directors. Pursuant Resolution 2007/166, this board order appoints the elected Diablo CSD members as the Diablo Municipal Advisory Council. CONSEQUENCE OF NEGATIVE ACTION: The Diablo CSD would be unable to serve the community as the Diablo Municipal Advisory Council. RECOMMENDATION(S): APPOINT Roxanne Carillo Garza as the District I Alternate to the Measure X Community Advisory Board. FISCAL IMPACT: Administrative action, no fiscal impact. BACKGROUND: The voters passed Measure X, a one-half cent sales tax levied countywide (exempting food sales), in November 2020. Collection of the sales tax began April 1, 2021 and will be available for distribution in FY 2021-22. The Board of Supervisors approved the creation of a 17-member Community Advisory Board to recommend funding priorities of annual revenue received under Measure X funds, directed the County Administrator to return to the Board of Supervisors with a process to move forward in soliciting applications and seating members on the Community Advisory Board, and further APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, County Finance Director (925) 655-2047 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Lauren Hull, Clerk of the Board C. 19 To:Board of Supervisors From:Monica Nino, County Administrator Date:November 9, 2021 Contra Costa County Subject:Measure X Community Advisory Board Appointment of District I Alternate BACKGROUND: (CONT'D) directed that the Advisory Board be a Brown Act body that is staffed by the County Administrator's Office. On March 9, the Board of Supervisors approved Bylaws recommended by the Finance Committee. Following the application period, the Clerk of the Board forwarded applications to all Board members for selection of nominees. On March 29, the Finance Committee invited each applicant wishing to make a public comment regarding their qualifications to do so. The Finance Committee discussed the expertise and perspectives of the applicants and the desire to include more voices on the Measure X Community Advisory Board by including alternates. The Finance Committee recommended revisions to the bylaws to formally allow the use of five Supervisorial District Alternates and five At-Large Alternates. At the conclusion of the comment period, the Committee made nominations to the Board of Supervisors, which were adopted on April 6, 2021. The Bylaws adopted by the Board of Supervisors on April 6, 2021, had limited information regarding how subsequent appointments were to be made. On April 27, 2021, the bylaws were revised to allow for use of the initial recruitment pool through September 30, 2021 and to provide greater detail regarding the process for subsequent appointments of Supervisorial and At-Large Members and Alternates. Using the current recruitment pool, Supervisor Gioia is nominating Roxanne Carillo Garza (Pleasant Hill) as the District I Alternate to the Measure X Community Advisory Board to replace Cathy Hanville, who announced her resignation on September 22, 2021. CONSEQUENCE OF NEGATIVE ACTION: The Measure X Community Advisory Board will have a vacancy in the District I Alternate seat and appointment of a new member will be delayed. RECOMMENDATION(S): Employment and Human Services Department (EHSD) (0501, 0504) / Plant Acquisition (0111): APPROVE Appropriation Adjustment No. 5008 in the amount of $1,105,000 to transfer appropriations from EHSD to the Public Works Department for three capital projects, as recommended by the Employment and Human Services Director. FISCAL IMPACT: EHSD appropriations will be reduced by $1,105,000 and transferred to Public Works for Capital Projects. This consists of 100% County budgeted funds and no additional County general fund costs will result from these adjustments. BACKGROUND: The Public Works Department has identified the need of upgrades and repairs for a number of projects for County-owned buildings including: 151 Linus Pauling Ave. in Hercules; 4545 Delta Fair in Antioch; and 40 Douglas Dr. in Martinez. Total costs are estimated at $1,105,000. CONSEQUENCE OF NEGATIVE ACTION: Appropriations will not be properly allocated and much needed repairs ensuring the safety of County staff and clients will not be done. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Erik Brown, 925-608-4832 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 20 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 9, 2021 Contra Costa County Subject:EHSD Capital Projects FY 21/22 AGENDA ATTACHMENTS TC24/27 005008 MINUTES ATTACHMENTS Signed: Appropriations & Adjustment No. 5008 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 25742 to reclassify one (1) Public Defender Fixed-Term (25WB) (represented) position number 17880, and its incumbent to Deputy Public Defender II (25VA) (represented) in the Office of the Public Defender. (100% State) FISCAL IMPACT: No additional cost to General Fund. This position will be fully funded by the Juvenile Justice Crime Prevention Act/Youthful Offender Block Grant (JJCPA/YOBG), administered by the Contra Costa Probation Department. BACKGROUND: The Juvenile Justice Crime Prevention Act (JJCPA) provides state funding to counties for implementation of programs that have proven effective in reducing crime and delinquency among at-risk youth. The Youthful Offender Block Grant (YOBG) provides state funding to counties for custody and care of youth no longer eligible to be committed to the state's Department of Juvenile Justice. Allocations from this funding are used to enhance the capacity of County departments such as Probation and Mental Health, to be able to provide appropriate rehabilitative and supervision APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Sylvia Wong Tam C. 21 To:Board of Supervisors From:Ellen McDonnell, Interim Public Defender Date:November 9, 2021 Contra Costa County Subject:Reclassify one Deputy Public Defender Fixed Term (25WB) and the incumbent to Deputy Public Defender II (25VA) BACKGROUND: (CONT'D) services to youthful offenders. Since 2019, one Public Defender Juvenile Education Advocate Attorney has been funded through the JJCPA/YOBG. This attorney works with youth impacted by the juvenile justice system to improve their educational outcomes, decrease youth homelessness, increase access to medical and mental health care, and increase employment opportunities. Currently, this position is a Deputy Public Defender, Fixed Term Attorney position. The incumbent has been in this role since funding began, and has extensive experience representing indigent youth on matters pertaining to juvenile educational advocacy and reentry. The position as Deputy Public Defender Fixed-Term should be reclassified to Deputy Public Defender II to accurately reflect the complexity of the specialized representation required for this position. The reclassification of this position will create a new path in the Deputy Public Defender II job classification for a Juvenile Education Advocate Attorney. It will continue to be funded by the JJCPA/YOBG, which is administered through the Probation Department. CONSEQUENCE OF NEGATIVE ACTION: If unapproved, the Public Defender's Office will not be able to retain an attorney with specialized knowledge in juvenile educational advocacy, nor will the incumbent be properly compensated for work being performed. CHILDREN'S IMPACT STATEMENT: N/A AGENDA ATTACHMENTS Position Adjustment Resolution 25742 MINUTES ATTACHMENTS Signed P300 25742 POSITION ADJUSTMENT REQUEST NO. 25742 DATE 6/9/2021 Department No./ Department Public Defender's Office Budget Unit No. 0243 Org No. 2917 Agency No. 43 Action Requested: Position adjustment to reclassify one (1) Public Defender Fixed-Term (25WB) position No. 17880 its incumbent to Deputy Public Defender II (25VA) in the Office of the Public Defender. Proposed Effective Date: 7/1/2021 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $175,000.00 Net County Cost $0.00 Total this FY $0.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT JJCPA/YOBG Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Susan Woodhouse ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Melissa Crockett for Paul Reyes 6/9/2021 ___________________________________ ________________ Deputy County Administ rator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/13/2021 Reclassify one Public Defender Fixed-Term (25WB) (represented) position #17880 and its incumbent at a salary plan and grade JDX 2197 ($8,685.05-$9,336.55) to a Deputy Public Defender II (25VA) (represented) position at salary plan and grade JD5 1872 ($9,208.91 - $11,193.48) Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Genesis Duenas 10/13/2021 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 10/27/2021 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Huma n Resources Sarah Shkidt for Paul Reyes Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: Monica Nino, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ACCEPT the 2019 – 2020 Report of Real Estate Delegation of Leases and Licenses dated January 1, 2019 through December 31, 2020, approved by the Public Works Director, as submitted, to lease real property for use by the County or to obtain the use of real property for the County by license and to amend real property leases or licenses to permit improvements or alterations, or both, under certain circumstances, Concord and Pleasant Hill areas. FISCAL IMPACT: No fiscal impact BACKGROUND: Pursuant to the Contra Costa County, Ordinance Code, Title 11, Division 1108, Chapter 1108-10.002, the Board of Supervisors authorizes the Public Works Director, or designee, to perform all acts necessary to lease or license real property for use by the County as long as the term does not exceed five years and the rent does not exceed $7,500 per month and to amend real property leases or licenses to permit improvements or alterations, or both, under the following conditions: (1) the total cost under an amendment may not exceed $7,500; (2) an amendment may not extend APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jessica Dillingham, 925. 957-2453 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 22 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:ACCEPT the 2019-2020 Report of Real Estate Delegation of Leases and Licenses dated January 1, 2019 through December 31, 2020. District IV BACKGROUND: (CONT'D) the term of the lease or license; and (3) no more than two amendments, not to exceed $7,500 each, may be made within a 12-month period. The Public Works Director shall submit a semi-annual report to the Board of Supervisors on each lease or license done pursuant to this section, including the interest acquired, its price, and the necessity for the lease or license, which is described in the attached Annual Delegation of Leases and Licenses Report. The Semi-Annual Reports for 2019 and 2020 were not submitted to the Board of Supervisors; therefore, a 2019 – 2020 Report is being submitted at this time. Submittal of Semi-Annual Reports will resume in December 2021, for January 2021-June 2021. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors would not be informed of the leases and licenses accepted by the Public Works Director pursuant to Contra Costa County Ordinance Code. ATTACHMENTS 2019-2020 Report of Delegation of Leases and Licenses RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a license agreement with the State of California (State) for its California Highway Patrol, to authorize the State to access and use a portion of the County’s Nadeen Peak telecommunications facility during an initial ten-year term beginning July 1, 2021, for payment to the County at an initial monthly fee of $200, as recommended by the Public Works Director. FISCAL IMPACT: 100% General Fund. The Department of Information Technology will receive an initial monthly fee of $200. BACKGROUND: The County entered into a long-term lease with a private landowner (Master Lease), that expires July 31, 2081, and permits the County to maintain a telecommunications facility and tower on the property off Cummings Skyway in Crockett, identified as Assessor’s Parcel No. 354-300-007, and commonly referred to as Nadeen Peak. The County and the State, for its California Highway Patrol (CHP), entered into a month-to-month license agreement which term began July 1, 1992, for the operation and maintenance APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Margaret Eychner, 925. 957-2463 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Auditor Controller , Wayne Tilley C. 23 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:Approve a License Agreement with the State of California Highway Patrol for use of a portion of the County's Nadeen Peak telecommunications facility. BACKGROUND: (CONT'D) of a radio relay station together with the necessary appurtenances. The County and the State wish to terminate that license agreement and enter into a long-term license agreement (New Agreement) that will have an initial term that begins on July 1, 2021 and expires June 30, 2031, with three five-year options to renew. The New Agreement requires the State to pay the County an initial monthly fee of $200, which will increase over the term of the New Agreement. The term of the New Agreement could be extended through June 30, 2046. Either party may terminate the New Agreement upon advance written notice to the other party. The New Agreement allows the State to maintain critical telecommunications equipment used by the CHP, and it adequately compensates the County for the use of its facility. For these reasons, the Department recommends that the Board approve entering into the New Agreement with the State. CONSEQUENCE OF NEGATIVE ACTION: County and State would continue to operate within the terms of the existing month-to-month license agreement. ATTACHMENTS Nadeen Peak License Agreement RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a license agreement with the State of California (State), for its California Highway Patrol, to authorize the State to access and use a portion of the County’s Vollmer Peak Telecommunications facility during an initial ten-year term, beginning July 1, 2021, for payment to the County at an initial monthly fee of $8,850, as recommended by the Public Works Director. FISCAL IMPACT: 100% General Fund. The Department of Information Technology will receive an initial monthly fee of $8,850. BACKGROUND: The County entered into a license agreement (Master License) with East Bay Regional Parks District (District) that permits the County to maintain a telecommunications facility and tower on District property identified as Assessor’s Parcel No. 267-010-009, and commonly referred to as Vollmer Peak. Following the Public Works Director’s exercise of its option to extend the Master License, the Master License now expires on January 31, 2027, and the County has an option to extend the Master License through January 31, 2037. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Margaret Eychner, 925. 957-2463 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Auditor Controller , Wayne Tilley C. 24 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:Approve a License Agreement with the State of California Highway Patrol for use of a portion of the County's Vollmer Peak telecommunications facility. BACKGROUND: (CONT'D) The County and the State, for its California Highway Patrol (CHP), entered into a month-to-month license agreement which term began September 1, 1990, for the operation and maintenance of a radio relay station together with the necessary appurtenances. The County and the State wish to terminate that license agreement and enter into a long-term license agreement (New Agreement) that will have an initial term that begins on July 1, 2021, and expires June 30, 2031, with one 5-year and one 7-month option to renew, to provide for a maximum term that coincides with the maximum term of the Master License. The New Agreement requires the State to pay the County an initial monthly fee of $8,850, which will increase over the term of the New Agreement. The term of the New Agreement could be extended through January 31, 2037. However, because there is a possibility of earlier expiration or termination of the Master License, the Agreement provides that it will expire immediately upon the expiration of the Master License. Further, either party may terminate the New Agreement upon advance written notice to the other party. The New Agreement allows the State to maintain critical telecommunications equipment used by the CHP, and it adequately compensates the County for the use of its facility. For these reasons, the Department recommends that the Board approve entering into the New Agreement with the State. CONSEQUENCE OF NEGATIVE ACTION: County and State would continue to operate within the terms of the existing month-to-month license agreement. ATTACHMENTS Vollmer Peak License Agreement RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a license agreement with the State of California (State) for its California Highway Patrol, to authorize the State to access and use a portion of the County’s Highland Peak Telecommunications facility during an initial ten-year term beginning July 1, 2021, for payment to the County at an initial monthly fee of $11,000, as recommended by the Public Works Director. FISCAL IMPACT: 100% General Fund. The Department of Information Technology will receive an initial monthly fee of $11,000. BACKGROUND: The County has a long-term lease with a private landowner (Master Lease), that expires August 31, 2081, that permits the County to maintain a telecommunications facility and tower on the property on Morgan Territory Road, Contra Costa County, identified as Assessor’s Parcel No. 006-090-003, and commonly known as Highland Peak. The County and the State for its California Highway Patrol (CHP), entered into a year-to-year license agreement which term began June 1, 2002, for the operation and maintenance APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Margaret Eychner, 925. 957-2463 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Auditor Controller , Wayne Tilley C. 25 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:Approve a License Agreement with the State of California Highway Patrol for use of a portion of the County's Highland Peak telecommunications facility BACKGROUND: (CONT'D) of a radio relay station together with the necessary appurtenances. The County and the State wish to terminate that license agreement and enter into a long-term license agreement (New Agreement) that will have an initial term that begins on July 1, 2021, and expires June 30, 2031, with three 5-year options to renew. The New Agreement requires the State to pay the County an initial monthly fee of $11,000, which will increase over the term of the New Agreement. The term of the New Agreement could be extended through June 30, 2046. Further, either party may terminate the New Agreement upon advance written notice to the other party. The New Agreement allows the State to maintain critical telecommunications equipment used by the CHP, and it adequately compensates the County for the use of its facility. For these reasons, the Department recommends that the Board approve entering into the New Agreement with the State. CONSEQUENCE OF NEGATIVE ACTION: County and State would continue to operate within the terms of the existing year-to-year license agreement. ATTACHMENTS Highland Peak License Agreement RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute, on behalf of the County, a HOME – American Rescue Plan Grant Agreement with the U.S. Department of Housing and Urban Development (HUD) to receive $12,090,215 to provide housing-related services. FISCAL IMPACT: No net General Fund impact. $12,090,215 HOME - American Rescue Plan (HOME-ARP) funding (100% American Rescue Plan). No County match is required. BACKGROUND: The HOME Investment Partnerships Program is federal funding for affordable housing, for which the County receives an annual allocation from HUD. The American Rescue Plan Act of 2021 appropriated $5 billion to provide housing, services, and shelter to individuals experiencing homelessness and other vulnerable populations as supplemental HOME funding, referred to as HOME-ARP. HUD has allocated $12,090,215 to the County for HOME-ARP based on the existing HOME formula, and requested execution of a Grant Agreement as soon as possible. Execution of the HOME-ARP Grant Agreement allows the County to use up to five percent ($604,510) of its total HOME-ARP award for administrative and planning APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kristin Sherk, 925-655-2889 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 26 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 9, 2021 Contra Costa County Subject:Authorization for the Department of Conservation and Development to Execute a HOME - American Rescue Plan Grant Agreement for $12,090,215 BACKGROUND: (CONT'D) costs. Transmittal of the HOME-ARP Grant Agreement does not constitute approval of any activities that will be described in a HOME-ARP Allocation Plan. The eligible activities countywide include the following: 1. Preservation and production of affordable rental housing 2. Tenant-based rental assistance 3. Housing-related supportive services 4. Acquisition and development of non-congregate shelters 5. Administration and planning costs The next administrative step, after execution of the HOME-ARP Grant Agreement, is to conduct the consultations required at a minimum by HUD. Consultations will include the local Continuum of Care, local Public Housing Authorities, other public agencies, veterans groups, homeless service providers, domestic violence service providers, fair housing service providers, civil rights organizations, and organizations serving persons living with disabilities. HUD requires the County to submit a HOME-ARP Allocation Plan or a Substantial Amendment to the FY 2021/22 CDBG/HOME Action Plan to allocate the HOME-ARP funds to specific activities. HUD has waived its 30-day comment period requirements for the Allocation Plan to allow jurisdictions to allocate the funds in a timely manner. The comment period must be no less than a 15-day comment period. The HOME-ARP Allocation Plan will be brought before the Board of Supervisors for approval at a later date, likely sometime in 2022. Once the HOME-ARP Allocation Plan is approved by HUD, the full allocation of $12,090,215 will be made available. The HOME-ARP letter dated September 22, 2021, from HUD as well as the form of the HOME-ARP Grant Agreement are attached for reference. ATTACHMENTS Contra Costa HOME-ARP Letter Contra Costa HOME-ARP Grant Agreement U.S. Department of Housing and Urban Development San Francisco Regional Office – Region IX One Sansome Street, Suite 1200 San Francisco, California 94104-4430 www.hud.gov espanol.hud.gov The Honorable Diane Burgis Chair, Board of Supervisors Of Contra Costa County 1025 Escobar Street, 4th Floor Martinez, CA 94553 Dear Ms. Burgis: SUBJECT: HOME - American Rescue Plan County of Contra Costa, California The American Rescue Plan Act of 2021 appropriated $5 billion to provide housing, services, and shelter to individuals experiencing homeless and other vulnerable populations, to be allocated by formula to jurisdictions that qualified for HOME Investment Partnerships Program allocations in Fiscal Year 2021. On September 13, 2021, the Department published a notice, titled: Requirements for the Use of Funds in the HOME-American Rescue Plan Program (the Notice), which you are encouraged to review to assist in developing your program. Enclosed is the Grant Agreement for the HOME Investment Partnerships – America Rescue Plan (HOME-ARP) program: In accordance with the Notice, and the HOME ARP Grant Agreement, a Participating Jurisdiction (PJ), as of the Federal Award Date, may use up to five percent of its total award for administrative and planning costs. Once your HOME-ARP Allocation Plan is approved by HUD, the remaining award will be made available. HOME Investment Partnerships - American Rescue Plan (HOME-ARP) $12,090,215 Transmittal of this Grant Agreement does not constitute approval of the activities described in your HOME-ARP Allocation Plan. You are reminded that you, as the PJ, are responsible for ensuring that all grant funds are used in accordance with all program requirements. An executed Grant Agreement is a legally binding agreement between the Department of Housing and Urban Development and the County of Contra Costa. To establish a Line of Credit for the HOME-ARP award, it will be necessary for your agency to sign, execute and return one (1) copy of the Grant Agreement. If there is a need to add or remove individuals authorized to access the Integrated Disbursement Information System (IDIS), please submit an IDIS Online Access Request Form (HUD 27055). Also, please ensure the IDIS Online Access Request Form is notarized and returned to this office with your Grant Agreement. Additionally, if there is a need to establish or change the depository account where these funds are to be wired, a Direct Deposit Sign-Up form (SF-1199A) must be completed by your financial institution and returned to this office with a copy of a voided check. September 22, 2021 2 You are reminded that certain activities are subject to the provisions of 24 CFR Part 58 (Environmental Review Procedures). Funds for such activities may not be obligated or expended until HUD has approved the release of funds in writing. A request for release of funds (RROF) must be accompanied by an environmental certification, and until the RROF is approved and notification is received, no HUD funds should be committed. If the project or activity is exempt per 24 CFR 58.34 or categorically excluded (except in extraordinary circumstances), no RROF is required. Please execute two (2) copies of the HOME-ARP Grant Agreement with electronic signatures. In response to COVID-19, HUD authorizes you to electronically execute the grant agreement with your electronic signature. Return one (1) of the agreement to this office to the attention of CPD General Correspondence Mailbox, at SFCPDMail@hud.gov. Maintain a copy of the agreement with your original signature on site in your program files. HUD congratulates the County of Contra Costa on its grant award, and we look forward to assisting you in accomplishing your programs goals. If you have any questions or need further information of assistance, please contact Connor Lareau, Community Planning and Development Representative, via email at Connor.X.Lareau@hud.gov. Sincerely, Kimberly Y. Nash Director Community Planning and Development Division Enclosure cc: Monica Nino, County Administrator Gabriel Lemus, CDBG Program Manager, w/Enclosure Digitally signed by: KIMBERLY NASH DN: CN = KIMBERLY NASH C = US O = U.S. Government OU = Department of Housing and Urban Development, Office of Administration Date: 2021.09.22 13:03:03 -07'00' KIMBERL Y NASH Page 1 form HUD-40093a HOME ARP Grant Agreement Title II of the Cranston-Gonzalez National Affordable Housing Act Assistance Listings #14.239 – HOME Investment Partnerships Program U.S. Department of Housing and Urban Development Office of Community Planning and Development 1. Grantee Name and Address Contra Costa County Consortium 2. Grant Number (Federal Award Identification Number (FAIN) M21-DP060231 651 Pine Street Martinez, CA 94553-0000 3a Tax Identification Number 946000509 3b. Unique Entity Identifier (formerly DUNS) 139441955 4. Appropriation Number 861/50205 5. Budget Period Start and End Date FY 2021 – 09/30/2030 6. Previous Obligation (Enter “0” for initial FY allocation) $0 a. Formula Funds $ 7. Current Transaction (+ or -) $12,090,215.00 a. Administrative and Planning Funds Available on Federal Award Date $604,510.75 b. Balance of Administrative and Planning Funds $1,209,021.50 c. Balance of Formula Funds $10,276,682.75 8. Revised Obligation $ a. Formula Funds $ 9. Special Conditions (check applicable box) Not applicable Attached 10. Federal Award Date (HUD Official’s Signature Date) 09/20/2021 11. Indirect Cost Rate* Administering Agency/Dept. Indirect Cost Rate Direct Cost Base 12. Period of Performance Date in Box #10 - 09/30/2030 % % % % * If funding assistance will be used for payment of indirect costs pursuant to 2 CFR 200, Subpart E-Cost Principles, provide the name of the department/agency, its indirect cost rate (including if the de minimis rate is charged per 2 § CFR 200.414), and the direct cost base to which the rate will be applied. Do not include cost rates for subrecipients. The HOME-ARP Grant Agreement (the “Agreement”) between the Department of Housing and Urban Development (HUD) and the Grantee is made pursuant to the authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.) and Section 3205 of the American Rescue Plan (P.L. 117-2) (ARP). HUD regulations at 24 CFR part 92 (as may be amended from time to time), the CPD Notice entitled “Requirements for the Use of Funds in the HOME-American Rescue Plan Program” (HOME-ARP Implementation Notice), the Grantee’s HOME-ARP allocation plan (as of the date of HUD’s approval), and this HOME-ARP Grant Agreement, form HUD-40093a, including any special conditions (in accordance with 2 CFR 200.208), constitute part of this Agreement. HUD’s payment of funds under this Agreement is subject to the Grantee’s compliance with HUD’s electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502 and the HOME-ARP Implementation Notice. To the extent authorized by HUD regulations at 24 CFR part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Grantee without the Grantee’s execution of the amendment or other consent. The Grantee agrees that funds invested in HOME-ARP activities under the HOME-ARP Implementation Notice are repayable in accordance with the requirements of the HOME-ARP Implementation Notice. The Grantee agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58, as well as the HOME-ARP Implementation Notice. The Grantee must comply with the applicable requirements at 2 CFR part 200, as amended, that are incorporated by the program regulations and the HOME-ARP Implementation Notice, as may be amended from time to time. Where any previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in the program regulations or HOME-ARP Implementation Notice, activities carried out under the grant after the effective date of the 2 CFR part 200 amendments will be governed by the 2 CFR part 200 requirements, as replaced or renumbered by the part 200 amendments. The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Universal Numbering System and System for Award Management (SAM) requirements in Appendix I to 2 CFR part 200, and the Federal Funding Accountability and Transparency Act (FFATA) in Appendix A to 2 CFR part 170. Funds remaining in the grantee’s Treasury account after the end of the budget period will be cancelled and thereafter not available for obligation or expenditure for any purpose. Per 31 U.S.C. 1552, the Grantee shall not incur any obligations to be paid with such assistance after the end of the Budget P eriod. 13. For the U.S. Department of HUD (Name and Title of Authorized Official) Kimberly Y. Nash, CPD Director 14. Signature x 15. Date 16. For the Grantee (Name and Title of Authorized Official) x 17. Signature x 18. Date x 19. Check one: Initial Agreement Amendment # 20. Funding Information: HOME ARP Source of Funds Appropriation Code PAS Code Amount 2021 861/50205 HMX $12,090,215.00 X Page 1 form HUD-40093a 21. Additional Requirements: These additional requirements are attached and incorporated into this Agreement. The Grantee agrees to these additional requirements on the use of the funds in 7., as may be amended from time to time by the Secretary. a) As of the Federal Award Date, the Grantee may use up to the amount identified in 7.a. of this Agreement for eligible administrative and planning costs in accordance with the HOME-ARP Implementation Notice. b) Until the date of HUD’s acceptance of the Grantee’s HOME-ARP allocation plan, the Grantee agrees that it will not obligate or expend any funds for non-administrative and planning costs, in accordance with the HOME-ARP Implementation Notice. c) In accordance with the HOME-ARP Implementation Notice, as of the date of acceptance by HUD of the Grantee’s HOME-ARP allocation plan, HUD shall make the amount identified in line 7. of this Agreement available to the Grantee. d) If the Grantee does not submit a HOME-ARP allocation plan or if the Grantee’s HOME-ARP allocation plan is not accepted within a reasonable period of time, as determined by HUD, the Grantee agrees that all costs incurred and HOME-ARP funds expended by the Grantee will be ineligible costs and will be repaid with non-Federal funds. 22. Special Conditions RECOMMENDATION(S): APPROVE and AUTHORIZE the District Attorney, or designee, to execute a Cost Sharing Agreement with law enforcement agencies of the Contra Costa County Sexual Assault Response Team (SART) in an amount up to $25,150, for the period July 1, 2021 through June 30, 2022 for use of the Safe Evidence Management System. FISCAL IMPACT: Approval of this agreement will permit the County to receive additional revenue of up to $25,150. BACKGROUND: The Contra Costa County Sexual Assault Response Team (SART) is a partnership between Community Violence Solutions (the rape crisis center), the Office of the District Attorney, the Office of the Sheriff, local police agencies, the Contra Costa County Health Services Department and Employment and Human Services Department. The SART performs medical exams and facilitates the collection of evidence using sexual assault kits (SAK) to aid in prosecution of sexual assault crimes. On behalf of the SART, the Office of the District Attorney has entered into an agreement with Tracker Products, LLC to purchase five licenses for the SART use of Tracker Products, LLC’s Safe Evidence Management System to track the testing of SAKs. The member law enforcement agencies of the SART wish to share the cost of maintaining the licenses to use the Safe Evidence Management System. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jason Chan, (925) 957-2234 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 27 To:Board of Supervisors From:Diana Becton, District Attorney Date:November 9, 2021 Contra Costa County Subject:Cost Sharing Agreement between member agencies of the Contra Costa County Sexual Assault Response Team CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, the County will not receive additional funding to support the continuation of the licenses for the SART to use Tracker Products, LLC’s Safe Evidence Management System. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Diablo Crime Scene Cleaners, in the amount of $1,000,000 for the period of August 1, 2021 through August 30, 2022, to provide standard crime scene and biological cleaning services, and specialized cleaning services to combat the spread of COVID-19. FISCAL IMPACT: 100% General Fund. The FY 21/22 cost is approximately $900,000, but will largely depend on the number of actual service callouts and assumes current COVID-19 precautions stay in place. This expense is not currently budgeted, but additional appropriations are not expected to be needed at this time. The Department will continue to monitor the budget and will return to the Board of Supervisors in the event additional appropriations are needed. BACKGROUND: The cleaning of blood and bodily fluids requires extensive training and experience to avoid contamination and health risks. The Sheriff's Office has contracted with Diablo Crime Scene Cleaners since 2019 for full service crime scene and biological cleaning. They have serviced the detention facilities, patrol station houses and vehicles. In addition to the standard APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Chrystine Robbins, 925-655-0008 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 28 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 9, 2021 Contra Costa County Subject:Diablo Crime Scene Cleaners BACKGROUND: (CONT'D) cleaning services, Diablo Crime Scene Cleaners has also provided increased sanitation measures at the Sheriff's facilities. Due to the continued risk of COVID-19, and with the elimination of the County's Emergency COVID Funds, the Sheriff's Office deems it necessary to continue the contract with Diablo Crime Scene Cleaners for the foreseeable future. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office will be unable to acquire the appropriate level of cleaning and sanitation services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Total Firearms Training to increase the payment limit by $10,000 to a new amount of $225,600, to provide firearms range safety management for Sheriff's personnel and range visitors for the period January 1, 2020 through December 31, 2021. FISCAL IMPACT: $225,600. Budgeted (70% General Fund, 30% participant fees) BACKGROUND: Total Firearms Training will provide Rangemaster, Armorer, and Instructor services at the Sheriff's Range. Contractor will also provide firearms range safety management for Sheriff's personnel and range visitors to include observation of Sheriff's personnel and visitors while they are handling firearms, advise of any safety concerns observed, and take immediate action to stop activity viewed as presenting a danger to life or property. Contractor will perform range maintenance and improvement supervision, perform tasks related to armorer repair and provide firearms instruction. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Chrystine Robbins, 925-655-0008 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 29 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 9, 2021 Contra Costa County Subject:Total Firearms Training - Contract Amendment BACKGROUND: (CONT'D) Due to the impact of COVID-19, the Office of the Sheriff has encountered staffing challenges, making it is necessary to add funds to this contract to allow additional working hours by the Contractor. This action will help maintain operations for the Sheriff's Range through December 31, 2021. This will help facilitate required training and ensure sworn employees are compliant with mandated POST standards concerning firearm proficiency and qualification. CONSEQUENCE OF NEGATIVE ACTION: Negative action by the Board of Supervisors will likely result in the temporary closure of the Sheriff's Range, including forfeiture of income from participant fees. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Cox Commercial Flooring, Inc., in an amount not to exceed $2,000,000 to provide on-call flooring services at various County facilities, for the period January 1, 2022 through December 31, 2024, Countywide. FISCAL IMPACT: Facilities Maintenance Budget. (100% General Fund) BACKGROUND: Facilities Services is responsible for the maintenance of over two million square yards of carpeted and vinyl flooring. Government Code Section 25358 authorizes the County to contract for maintenance and upkeep of County Facilities. The Public Works Department recently conducted a formal solicitation for on-call flooring services. The Request for Proposal was originally bid on Bidsync #2105-477. The Public Works Department conducted a thorough evaluation and Cox Commercial Flooring, Inc., was one of two vendors awarded for this contract. The contract will have a limit of $2,000,000 and a term of three (3) years with the option of two (2) one-year extensions and will pay for services according to the rates set forth in the contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Lachapelle, (925) 313-7082 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 30 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:Contract with Cox Commercial Flooring, Inc., a California Corporation, Countywide. BACKGROUND: (CONT'D) Cox Commercial Flooring, Inc., will be able to request rate increases equal to the rate of increase in the Consumer Price Index for the San Francisco - Oakland area as published by the Bureau of Labor Statistics, plus two percent, on each anniversary of the effective date of this Contract. Facilities Services is requesting a contract with Cox Commercial Flooring, Inc., to be approved for a period covering three years. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not be able to utilize flooring services with Cox Commercial Flooring, Inc. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with All County Flooring, in an amount not to exceed $2,000,000 to provide on-call flooring services at various County facilities, for the period January 1, 2022 through December 31, 2024, Countywide. FISCAL IMPACT: Facilities Maintenance Budget. (100% General Fund) BACKGROUND: Facilities Services is responsible for the maintenance of over two million square yards of carpeted and vinyl flooring. Government Code Section 25358 authorizes the County to contract for maintenance and upkeep of County Facilities. The Public Works Department recently conducted a formal solicitation for on-call flooring services. The Request for Proposal was originally bid on Bidsync #2105-477. The Public Works Department conducted a thorough evaluation and All County Flooring, was one of two vendors awarded for this contract. The contract will have a limit of $2,000,000 and a term of three (3) years with the option of two (2) one-year extensions and will pay for services according to the rates set forth in the contract. All APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Lachapelle, (925) 313-7082 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 31 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:Contract with All County Flooring, a California Corporation, Countywide. BACKGROUND: (CONT'D) County Flooring, will be able to request rate increases equal to the rate of increase in the Consumer Price Index for the San Francisco - Oakland area as published by the Bureau of Labor Statistics, plus two percent, on each anniversary of the effective date of this Contract. Facilities Services is requesting a contract with All County Flooring, to be approved for a period covering three years. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not be able to utilize flooring services with All County Flooring. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with RJN, Inc. (dba H&N Enterprises, Inc.), in an amount not to exceed $2,000,000 to provide on-call weed abatement services at various County sites and properties, for the period November 1, 2021 through October 31, 2024, Countywide. FISCAL IMPACT: Facilities Maintenance Budget. (100% General Fund) BACKGROUND: Facilities Services is responsible for the weed abatement of all County sites and properties. Weed abatement contracts provide abatement services including but not limited to: discing, grading, tractor drawn mowing, hand mowing, tree trimming, and debris removal. Government Code Section 25358 authorizes the County to contract for maintenance and upkeep of County Facilities. The Contra Costa County Fire District recently conducted a solicitation for weed abatement services. The Request for Proposal was originally bid on Bidsync #2105-484 and RJN, Inc. (dba H&N Enterprises, Inc.), was the only responsive and responsible bidder. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Lachapelle, (925) 313-7082 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 32 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:Contract with RJN, Inc. (dba H&N Enterprises, Inc.), a California Corporation, Countywide. BACKGROUND: (CONT'D) With the Fire District's consent, the Public Works Department is requesting authorization to execute a separate contract with RJN, Inc. (dba H&N Enterprises, Inc.). The contract will have a limit of $2,000,000 and a term of three (3) years with the option of two (2) one-year extensions and will pay for services according to the rates set forth in the contract. RJN, Inc. (dba H&N Enterprises, Inc.), will be able to request rate increases equal to the rate of increase in the Consumer Price Index for the San Francisco - Oakland area as published by the Bureau of Labor Statistics, plus two percent, on each anniversary of the effective date of this Contract. The contract will be used on an as-needed basis, with no minimum amount that must be spent. Facilities Services is requesting a contract with RJN, Inc. (dba H&N Enterprises, Inc.), to be approved for a period covering three years. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, weed abatement services with RJN, Inc. (dba H&N Enterprises, Inc.), will not happen. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Aztec Consultants, effective October 19, 2021, to increase the payment limit by $3,000,000 to a new payment limit of $6,000,000 to provide on-call construction and repair services at various County facilities, with no change to the term of September 8, 2020 through August 31, 2023, Countywide. FISCAL IMPACT: Facilities Maintenance Budget. (100% General Fund) BACKGROUND: Facilities Services is responsible for the maintenance of all County sites and facilities. On-call construction contracts are used for construction and repair services at County buildings and sites. Services may include repairs, tenant improvements, and upgrades. This amendment will be adding $3,000,000 to the contract for a new payment limit of $6,000,000. Most of the existing funds have been utilized by three projects: 2101 Loveridge Road in Pittsburg, video security system upgrades at the Juvenile APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Lachapelle, (925) 313-7082 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 33 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:APPROVE and AUTHORIZE Amendment No. 1 to the Contract with Aztec Consultants, a California Corporation, Countywide BACKGROUND: (CONT'D) Hall, and the storage building at the Byron Airport. The increase is needed to ensure the County has access to the contractor's services for for the duration of the contract term. The increase in contract limit will be used as needed, with no minimum amount that must be used. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, construction services with Aztec Consultants, will be discontinued. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-397 with Manor Care-Tice Valley CA, LLC (dba Manorcare Health Services-Tice Valley), a limited liability company, in an amount not to exceed $825,000 to provide skilled nursing facility (SNF) services for Contra Costa Health Plan (CCHP) members, for the period October 1, 2021 through September 30, 2024. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $825,000 over a three-year period and will be funded 100% by CCHP Enterprise Fund II. BACKGROUND: CCHP has an obligation to provide certain specialized SNF health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. Members are released from the hospital to recover at an SNF until they are well enough to be sent home. These services include, but are not limited to: twenty-four (24) hour medical care, social service and case management coordination, wound care, respiratory therapy, nasogastric and gastric tube feeding, physical and speech therapy services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 34 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 9, 2021 Contra Costa County Subject:Contract #77-397 with Manor Care-Tice Valley CA, LLC (dba Manorcare Health Services-Tice Valley) BACKGROUND: (CONT'D) Under Contract #77-397, this contractor will provide SNF services for CCHP members for the period October 1, 2021 through September 30, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized SNF health care services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, on behalf of the County Contract #77-273-1, with Bridge Medical Consultants, Inc., a corporation, in an amount not to exceed $240,000, to provide neurology services to Contra Costa Health Plan (CCHP) members and County recipients, for the period from December 1, 2021 through November 30, 2024. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $240,000 over a 3-year period and will be funded 100% by CCHP Enterprise Fund II revenues. (Rate increase) BACKGROUND: CCHP has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor has been a part of the CCHP Provider Network since December of 2019, providing neurology services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Noel Garcia, Marcy Wilhelm C. 35 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 9, 2021 Contra Costa County Subject:Contract #77-273-1 with Bridge Medical Consultants, Inc. BACKGROUND: (CONT'D) In November 2019, the County Administrator approved and the Purchasing Services Manager executed Contract #77-273 with Bridge Medical Consultants, Inc., in an amount not to exceed $200,000 to provide neurology services to CCHP members and County recipients for the period December 1, 2019 through November 30, 2021. Approval of Contract #77-273-1 will allow the contractor to continue to provide neurology services through November 30, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, on behalf of the County Contract #77-416, with M. Elder, D.D.S., A Professional Corporation, in an amount not to exceed $300,000, to provide oral and maxillofacial surgery services to Contra Costa Health Plan (CCHP) members and County recipients, for the period from December 1, 2021 through November 30, 2024. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $300,000 over a 3-year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This new contractor will be part of the CCHP Provider Network and will provide oral and maxillofacial surgery services to CCHP members and County recipients. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Noel Garcia, Marcy Wilhelm C. 36 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 9, 2021 Contra Costa County Subject:Contract #77-416 with M. Elder, D.D.S., A Professional Corporation BACKGROUND: (CONT'D) Under Contract #77-416, the contractor will provide oral and maxillofacial surgery services to CCHP members and County recipients for the period December 1, 2021 through November 30, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #27-779-7 with Northern California Cornea Associates, Inc., a corporation, effective December 1, 2021, to amend Contract #27-779-6, to increase the payment limit by $150,000 from $300,000 to a new payment limit of $450,000 with no change in the original term of April 1, 2021 through March 31, 2024. FISCAL IMPACT: Approval of this amendment will result in additional contractual service expenditures of up to $150,000 over a three-year period and will be funded 100% by Contra Costa Health Plan (CCHP) Enterprise Fund II revenues. (Rate increase) BACKGROUND: CCHP has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor has been a part of the CCHP Provider Network providing ophthalmology and optometry services since 2009. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Noel Garcia, Marcy Wilhelm C. 37 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 9, 2021 Contra Costa County Subject:Amendment Agreement #27-779-7 with Northern California Cornea Associates, Inc. BACKGROUND: (CONT'D) On April 20, 2021, the Board of Supervisors approved Contract #27-779-6 with Northern California Cornea Associates, Inc., in the amount of $300,000 to provide ophthalmology and optometry services for CCHP members and County recipients for the period from April 1, 2021 through March 31, 2024. Approval of Contract Amendment Agreement #27-779-7 will increase the payment limit and allow the contractor to continue providing ophthalmology and optometry services with modified rates, helping the provider meet the Department of Health Care Services network adequacy standards through March 31, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, certain specialized health care services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #24-681-94(6) with PH Senior, LLC (dba Pleasant Hill Manor), a limited liability company, in an amount not to exceed $986,640 to provide augmented board and care services, for the period from December 1, 2021 through November 30, 2022. FISCAL IMPACT: This contract will result in annual contractual service expenditures of up to $986,640 and will be funded by 91% Mental Health Realignment and 9% Mental Health Services Act. (Rate increase) BACKGROUND: The Behavioral Health Services Department has been contracting with PH Senior, LLC (dba Pleasant Hill Manor), since November 2017 to provide augmented board and care services for mentally ill older adults in Contra Costa County. This contract meets the social needs of the County's population by augmenting room and board and providing twenty-four hour emergency residential care and supervision to eligible mentally disordered clients, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Suzanne Tavano, Ph.D., 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Alaina Floyd, marcy.wilham C. 38 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 9, 2021 Contra Costa County Subject:Contract #24-681-94(6) with PH Senior, Care, LLC (DBA Pleasant Hill Manor) BACKGROUND: (CONT'D) who are specifically referred by the Mental Health Program Staff and who are served by County Mental Health Services. On December 15, 2020, the Board of Supervisors approved Contract #24-681-94(4) with PH Senior, LLC (dba Pleasant Hill Manor), in an amount not to exceed $803,400, to provide augmented board and care services for mentally ill older adults, through November 30, 2021. On July 27, 2021, the Board of Supervisors approved Contract Amendment Agreement #24-681-94(5) with PH Senior, LLC (dba Pleasant Hill Manor), to amend Contract #24-681-94(4) to increase the payment limit by $64,375 from $803,400 to a new payment limit of $867,775, with no change in the original term of December 1, 2020 through November 30, 2021. Approval of Contract #24-681-94(6) will allow the contractor to continue to provide augmented board and care services through November 30, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not be able to provide augmented board and care services to mentally ill adults in Contra Costa County through this contractor. RECOMMENDATION(S): APPROVE and AUTHORIZE the Human Resources Director, or designee, to extend the contract term with Worxtime, LLC from December 31, 2021 to December 31,2022, and increase the contract payment limit by $75,000 to a new payment limit of $300,000. FISCAL IMPACT: The cost of this contract is funded through the Benefits Administration Fee, which is a fee charged to all departments whose employees receive benefits through Human Resources. BACKGROUND: The Affordable Care Act (ACA) requires that the County file information returns with the Internal Revenue Service and provide statements to employees about the health insurance coverage offered by Contra Costa County. Worxtime, LLC will assist the Human Resources Department to comply with the ACA requirement by providing a cloud-hosted software solution. The system will enable the County to provide required data to Worxtime electronically. Worxtime will file the IRS required reports and mail the required statements to County employees. The contract obligates the County to indemnify Worxtime for losses arising out of the County’s breach of the agreement. The term extension and payment limit increase will allow the Human Resources Department to continue to use the Worxtime software solution. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Salma Sadiq (925) 655-2176 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Robert Campbell, Auditor-Controller, Salma Sadiq, Human Resournces C. 39 To:Board of Supervisors From:Ann Elliott, Human Resources Director Date:November 9, 2021 Contra Costa County Subject:Contract extension with Worxtime, LLC, for Affordable Care Act compliance software and services for IRS required reporting CONSEQUENCE OF NEGATIVE ACTION: If the contract is not approved, the County will be unable to file timely and accurate returns to the IRS and furnish statement to employees as required by law and as a result, may incur significant fines imposed by the federal government. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-784-12 with CardioNet, LLC, a limited liability company, in an amount not to exceed $250,000, to provide remote cardiac monitoring services for patients at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period from November 1, 2021 through October 31, 2022. FISCAL IMPACT: Approval of this contract will result in annual expenditures of up to $250,000 and will be funded 100% by Hospital Enterprise Fund I. BACKGROUND: Due to the limited number of specialty providers available within the community, CCRMC and Contra Costa Health Centers relies on contracts to provide necessary specialty health services to its patients. CCRMC has been contracting with CardioNet, LLC, since November 2014, for their expertise in cardiac monitoring services. On November 10, 2020, the Board of Supervisors approved Contract #26-784-11 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jaspreet Benepal, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Noel Garcia, Marcy Wilhelm C. 40 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 9, 2021 Contra Costa County Subject:Contract #26-784-12 with CardioNet, LLC BACKGROUND: (CONT'D) with CardioNet, LLC, in an amount not to exceed $250,000 to provide remote cardiac monitoring services for patients at CCRMC and Contra Costa Health Centers for the period from November 1, 2020 through October 31, 2021. Approval of Contract #26-784-12 will allow the contractor to continue providing remote cardiac monitoring services through October 31, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, remote cardiac monitoring services will not be provided for patients at CCRMC and Contra Costa Health Centers by this contractor. RECOMMENDATION(S): CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: On November 16, 1999, the Board of Supervisors declared a local emergency, pursuant to the provisions of Government Code Section 8630 on homelessness in Contra Costa County. Government Code Section 8630 requires that, for a body that meets weekly, the need to continue the emergency declaration be reviewed at least every 60 days until the local emergency is terminated. The Board of Supervisors last reviewed and continued the emergency declaration on September 14, 2021. Nevertheless, with the continuing high number of homeless individuals and insufficient funding available to assist in sheltering all homeless individuals and families, the emergency situation still exists and it is, therefore, appropriate for the Board to continue the declaration of a local emergency regarding homelessness. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lavonna Martin, 925-608-6700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 41 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 9, 2021 Contra Costa County Subject:CONTINUE EXTENSION OF EMERGENCY DECLARATION REGARDING HOMELESSNESS RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, or designee, to issue a payment on behalf of the Public Works Director in the amount of $2,000 from County Service Area R-7 (CSA R-7) payable to the Alamo Rotary Foundation for the holiday lights at Andrew H. Young Park, Alamo area. (District II) FISCAL IMPACT: 100% County Service Area (CSA) R-7 funds. BACKGROUND: CSA R-7 residents participate in Alamo’s Annual Tree Lighting Festival each year. The Alamo Tree Lighting Festival is a collaborative effort coordinated by the Rotary Club of Alamo. CSA R-7 contributes the use of Andrew H. Young Park and provides funding to decorate the park with holiday lights. The 2021 Alamo Tree Lighting Festival will take place on Sunday, November 28, 2021 from 4:00 p.m. – 8:00 p.m. The lights will be installed on or after November 15, 2021 and will remain up through January 15, 2021. The recommended CSA R-7 contribution was reviewed by the Alamo Municipal Advisory Council (Alamo MAC) at their meeting on October 5, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Rochelle Johnson (925) 313-2299 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Diana Oyler - Finance , Cameron Collins- BOS , Rochelle Johnson - Special Districts, Scott Anderson - Special Districts C. 42 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 9, 2021 Contra Costa County Subject:Approve & Authorize the Auditor-Controller to issue a payment of $2,000 to the Alamo Rotary Foundation for the holiday lights, Alamo area. CONSEQUENCE OF NEGATIVE ACTION: Without Board approval the quality of this event would be diminished. ATTACHMENTS Alamo MAC Agenda RECOMMENDATION(S): APPROVE the delegation of authority to the County Treasurer for investing and reinvesting County funds and the funds of other depositors in the County treasury, or to sell or exchange securities so purchased, pursuant to section 53607 of the State Government Code. FISCAL IMPACT: The County Treasurer manages and invests the funds of all County agencies, 21 Special Districts, 19 School Districts and one Community College District. Centralizing this function creates a dedicated staff of investment professionals and creates greater efficiency, economies of scale and greater investment power. BACKGROUND: State law provides that the Board of Supervisors may delegate to the County Treasurer the authority "to invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased" for a one year period. It is recommended that this delegation be renewed through the calendar year 2022. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ronda Boler, (925) 608-9506 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 43 To:Board of Supervisors From:Russell Watts, Treasurer-Tax Collector Date:November 9, 2021 Contra Costa County Subject:DELEGATION OF INVESTMENT AUTHORITY TO THE COUNTY TREASURER FOR CALENDAR YEAR 2022 CONSEQUENCE OF NEGATIVE ACTION: If the Delegation of Authority is not approved, each of the County Agencies, 21 Special Districts, 19 School Districts and one Community College District would have to manage their own funds. This would be less cost efficient for all entities. RECOMMENDATION(S): RECEIVE Civil Grand Jury Report No. 2102, entitled "Tele-Mental Health: Expansion of Remote Access to Care" (attached), and REFER to the County Administrator and Health Services Director for response. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: On October 18, 2021, the 2020/2021 Contra Costa County Civil Grand Jury filed the above referenced report. Per standard procedures, this action alerts the Board of Supervisors that the report has been received and directs the appropriate staff to review the report, provide the Board of Supervisors with an appropriate response, and forward that response to the Superior Court no later than January 16, 2022 (90 days). CONSEQUENCE OF NEGATIVE ACTION: There is no immediate consequence. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Enid Mendoza (925) 655-2051 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 44 To:Board of Supervisors From:Monica Nino, County Administrator Date:November 9, 2021 Contra Costa County Subject:Civil Grand Jury Report No. 2102, entitled "Tele-Mental Health: Expansion of Remote Access to Care" ATTACHMENTS Grand Jury Report No. 2102-Tele-Mental Health Expansion of Remote Access to Care RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Unpaid Student Training Agreement #76-545-3 with Diablo Medical Training, an educational institution, to provide supervised field instruction at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers to phlebotomy externship students, for the period from December 24, 2021 through December 23, 2024. FISCAL IMPACT: This is a nonfinancial agreement. BACKGROUND: The purpose of this agreement is to provide Diablo Medical Training students with the opportunity to integrate academic knowledge with applied skills at progressively higher levels of performance and responsibility. Supervised fieldwork experience for students is considered to be an integral part of both educational and professional preparation. The Health Services Department can provide the requisite field education, while at the same time, benefitting from the students’ services to patients. The County’s Health Services Department has been contracting with Diablo Medical Training since May 1, 2016. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jaspreet Benepal, 925-370-5151 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Alaina Floyd, marcy.wilham C. 45 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 9, 2021 Contra Costa County Subject:Unpaid Student Training Agreement #76-545-3 with Diablo Medical Training BACKGROUND: (CONT'D) On March 31, 2020, the Board of Supervisors approved contract #76-545-2 with Diablo Medical Training for the provision of clinical field experience and instruction from the County’s Health Services Department for the period from May 1, 2020 through December 23, 2021. Approval of Unpaid Student Training Agreement #76-545-3 with Diablo Medical Training students to receive supervised fieldwork instruction and experience, at CCRMC and Contra Costa Health Centers, through December 23, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the students will not receive clinical field experience and instruction at CCRMC and Contra Costa Health Centers. ATTACHMENTS Diablo Medical Training Contra Costa County UNPAID STUDENT TRAI NING AGREEMENT Number 76-545-3 1. Contract Identification. Department: Subject: Health Services Unpaid student training agreement with Department, sponsored by Contractor 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Capacity: Address: DIABLO MEDICAL TRAINING Educational Institution 895 Discovery Bay Boulevard, Discovery Bay, California 94505 3. Term. The effective date of this Agreement is December 24, 2021, and it terminates December 23, 2024, unless sooner terminated as provided herein. 4. Termination. This Agreement may be terminated by either party, at its sole discretion, upon seven-day advance written notice thereof to the other, or canceled immediately by written mutual consent, subject to termination conditions (if any) set forth in the Program Plan attached hereto and incorporated herein by reference. 5. Program. By this Agreement, County agrees to permit unpaid student training of persons ("Participants") sponsored by Contractor under the following conditions: a. Services provided under this Agreement are volunteer services, and Participants obtain no employment rights with, or employment benefits from, the County, by virtue of this Agreement or service hereunder. Each Participant agrees to the foregoing and must execute the Unpaid Student Training Participation Agreement form attached hereto, and incorporated herein by this reference. b. Contract terms and conditions are expressed in the Program Plan attached hereto and incorporated herein by reference. 6. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association. 7. Indemnification. Contractor shall defend, indemnify, save and hold harmless County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death or injury to person or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operation or services provided hereunder by Contractor, its agents, servants, employees, subcontractors, students, or Participants as described herein, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees. 8. Legal Authority. This Agreement is entered into under and subject to the following legal authority: California Government Code§ 26227. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA By _ Designee Recommended by Department By _ Designee CONTRACTOR By _ (Designate official capacity) (Form approved by County Counsel) PROGRAM PLAN Number 76-545-3 1. Purpose of the Program. Diab lo Medical Training, (hereinafter referred to as "Contractor") conducts a Phlebotomy Externship training program for its Phlebotomy Externship students, in cooperation with County's Department. The Contractor desires to have its Phlebotomy Externship students enrolled in this program to receive clinical field experience and instruction from the County, and the County is willing to provide such clinical experience and instruction under the terms and conditions hereinafter set forth. Therefore, the parties will undertake a program whereby such instruction and experience will be provided in accordance with this Agreement (Program), mutually agreed to by the parties. 2. Contractor's Obligations. Contractor shall: a. Designate Phlebotomy Externship students for participation in the Program conducted pursuant to this Agreement (Participants) b. Suggest dates for the clinical field experience, and cooperate with County's Department in establishing assignment schedules consisting of specific dates for the placement of a specific number of Participants with the County for training; c. Assign for clinical field experience, only those Participants who are considered adequate by mutual written agreement of the parties hereto; d. Make all necessary arrangements so that each Participant will: ( 1) Have completed all the necessary courses required by the Contractor as preparation for said clinical field experience; (2) Execute the County's Unpaid Student Training Participant Agreement (attached as Exhibit A) upon referral to the training Program; (3) Arrange for their own transportation to and from the Health Services Department, and for maintenance and housing during field instruction; (4) Channel educational problems to the appropriate instructor(s) in Contractor's school; (5) Promptly report any illnesses and absences from duty; and (6) Comply with regulations and standards of conduct governing professional personnel in the County Health Services Department. e. Agree to have each Participant furnish to County, upon request, such evidence as Contractor may require showing that the Participant assigned for training is physically, psychologically and/ or medically fit. If Contractor needs to provide any confidential medical information regarding Participant, County will have Participant sign a release for such information and forward the release to Contractor; and f. Provide County with evidence that the Contractor has in full force and effect, during the term of this Agreement, general liability insurance for Participants designated for participation pursuant to this Agreement with coverage of at least Five Hundred Thousand Dollars ($500,000) for the activities of the Participants pursuant to this Agreement. Initials: _ Contractor County Dept. -1- PROGRAM PLAN Number 76-545-3 g. Contractor will retain ultimate responsibility for the education of its students. The Contractor's representative for this Agreement will be a faculty member appointed and assigned by the Contractor, as liaison to the County. 3. County's Obligations. County shall: a. Comply with all State statutes and regulations applicable to the training of Participants enrolled in the Program; b. Accept for clinical field experience those Participants assigned by the Contractor for such a period and in such numbers as may be mutually agreed in writing; c. Provide the Participants with learning experiences needed to meet the objectives of the training Program, which will be mutually agreed to by the parties in accordance with this Agreement; d. Have the right to terminate the participation of any Participant in the clinical field experience for failure to follow the instructions of County, or for any other lawful reason. In the event of such termination, County shall give prompt written notice to the Contractor; and e. Comply with applicable state and federal workplace safety laws and regulations. In the event a Participant is exposed to an infectious or environmental hazard or other occupational injury (i.e. needle stick) while at the County, the County, upon notice of such incident from the student, will provide such emergency care as is provided to its employees or students, where applicable. 4. Joint Obligations. County and Contractor shall jointly: a. Plan the student-training Program, including course content and Participant assignment schedule, so as to provide a sound and effective educational Program; b. Review the Program at the end of each training period in order to evaluate progress and recommend changes for the next consecutive training period; and c. Plan for periodic review of this Agreement. 5. Participants' Obligations. Contractor shall ensure that its Participants: a. Execute the County's Unpaid Student Training Participant Agreement (attached as Exhibit A hereto) upon referral to the training Program; b. Abide by County policies and regulations; c. Conduct themselves in an appropriate professional manner consistent with responsibility; d. Observe and respect patient's rights, privacy, and dignity; and e. Comply with applicable County, State, and Federal regulations respecting disclosure of patients' health information and access to, and removal of, medical records and/ or information contained therein. Initials: _ Contractor County Dept. -2- PROGRAM PLAN Number 76-545-3 6. Contractor, County and Participant Agreement. Participants are not entitled to reimbursement by County for expenses associated with the use of personal vehicles while engaged in the training Program covered by this Agreement. Participants are not entitled to any compensation from County during their participation in Contractor's training Program. Participants may receive course credit from Contractor for their participation in the training Program covered by this Agreement. ln~ia~: _ Contractor County Dept. -3- E X H IB IT A Contra Costa County UNPAID STUDENT TRAINING PARTICIPANT AGREEMENT The County of Contra Costa ("County") and the Participant named below agree as follows: 1. Participant will engage in training for a County department pursuant to a contract between the County and a contractor sponsoring the Participant, hereinafter the "Training Program." 2. Participant agrees that in connection with Training Program, Participant is a volunteer, and will obtain no employment rights or employment benefits from the County and waives any claim to any employment rights or employment benefits from the County based upon Participant's training services, whether or not authorized under such contract. Participant is not entitled to any monetary compensation or expense reimbursement from County for participation in Training Program; Participant acknowledges that his/her participation in the Training Program is for his/her personal benefit and solely for educational purposes, and that he/she may receive course credit from the educational institution at which he/she is enrolled. 3. Participant further agrees that he/she has read and understands the Unpaid Student Training Agreement (identified in paragraph 8, below) between the County and Participant's sponsoring contractor. 4. County or Participant may terminate this agreement upon three day's notice, or without prior notice by mutual consent or for cause. Otherwise this agreement terminates upon termination of the Contract between the County and Participant's sponsoring contractor. 5. The term of this agreement commences on the date that it is executed by both the County and Participant and terminates on the date that Participant completes his/her assigned placement in the Health Services Department under the contract between the County and the Contractor identified in Paragraph 8 below. 6. Neither the County nor any agent, officer, servant, or employee of the County shall undertake or incur any liability or other responsibility respecting the quantity, quality, kind, or value of the training of Participant and no warranty, express or implied, shall exist in that regard. 7. Entire Contract. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 8. Identification of Unpaid Student Training Agreement: Number 76-545-3 Contractor Diablo Medical Training County Department Health Services - Contra Costa Regional Medical Center and Health Centers CONTRA COSTA COUNTY PARTICIPANT (Printed Name) By _ (Designee) (Signature) RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, to pay up to $150,570 to Firstlocum, Inc. (dba Directshifts), for additional locum tenens specialty physician services for the period July 1, 2021 through July 31, 2021 at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers. FISCAL IMPACT: This one-time payment of up to $150,570 is to be funded by 100% Hospital Enterprise Fund I revenues. BACKGROUND: Contra Costa Regional Medical Center and Contra Costa Health Centers have an obligation to provide medical staffing services to patients. Therefore, the County contracts with temporary help firms to ensure patient care is provided during peak loads, temporary absences, vacations and emergency situations where additional staffing is required. The County has been using the contractor’s services since August 1, 2019. On August 4, 2020, the Board of Supervisors approved Contract #76-662-1, with FirstLocum, Inc. (dba Directshifts), in an amount not to exceed $1,400,000, for the provision of temporary locum tenens physician and other medical staffing services at CCRMC and Contra Costa Health Centers, for the period from August 1, 2020 through July 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: K Cyr, M Wilhelm C. 46 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 9, 2021 Contra Costa County Subject:Payment for Services Provided by Firstlocum, Inc. (dba Directshifts) BACKGROUND: (CONT'D) On June 8, 2020, the Board of Supervisors approved Contract Amendment Agreement #76-662-2, with no increase in the payment limit of $1,400,000, to provide additional classifications of temporary specialty physician services and recruiting services for coverage during peak loads, temporary absences, vacations and emergency situations where additional staffing is required, with no change in the contract term of August 1, 2020 through July 31, 2021. On June 8, 2021, Board of Supervisors approved Contract Amendment Agreement #76-662-3 to increase the payment limit of $1,400,000 by $200,000 for a new payment limit of $1,600,000, to provide additional temporary physician services and recruiting services for coverage during peak loads, temporary absences, vacations and emergency situations where additional staffing is required, with no change in the contract term of August 1, 2020 through July 31, 2021. The Division requested temporary specialty locum tenens physician services during the contract period July 1, 2021 through July 31, 2021 that exceeded the contract payment limit of $1,600,000. The total contract expenditures of $1,750,569.30 exceed the payment limit by $150,569.30. Utilization was higher than originally anticipated and additional service volume was shifted to the contractor from a former temporary physician provider. Therefore, the Division is requesting a payment to Firstlocum, Inc. (dba Directshifts) in an amount not to exceed $150,570, to pay for services rendered outside of the contract payment limit. The contractor is entitled to payment for the reasonable value of its services under the equitable relief theory of quantum meruit. That theory provides that where a contractor has been asked to provide services without a valid contract, and the contractor does so to the benefit of the County, the contractor is entitled to recover the reasonable value of those services. The contractor has provided services at the request of the County after the original contract payment limit had been reached. The Department cannot pay the contractor for services rendered that exceed the contract limits. As such, the Department recommends that the Board authorize the Auditor-Controller to issue a one-time payment not to exceed $150,570 to Firstlocum, Inc. (dbaDirectshifts). CONSEQUENCE OF NEGATIVE ACTION: If this Board Order is not approved, the contractor will not be paid for temporary specialty physician services requested by County staff and provided by the contractor. ATTACHMENTS RECOMMENDATION(S): APPROVE clarification of Board Action of April 20, 2021 (Item C. 57), which approve and authorize the County Treasurer-Tax Collector to execute a software and services agreement with Emphasys Computer Solutions, to clarify that the entire first year cost of $109,600 for the implementation and training, licenses, maintenance and support, and hosting will be funded via the Finance System replacement project. FISCAL IMPACT: The total first year cost of $109,600 may require additional general purpose funds as part of the new Finance System. The annual maintenance and hosting cost from year two to seven will be paid out of the investment revenues generated by the County Treasury Pool. BACKGROUND: FIS that currently owns the APSII, a treasury management system, formerly SunGard, which we had been using for more than 40 years, notified us in June 2020 they would no longer support the APS II software after 2021. In August 2020, FIS signed a partnership agreement with Emphasys Computer Solutions, Inc. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ronda Boler, (925) 608-9506 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Robert Campbell, Auditor-Controller C. 47 To:Board of Supervisors From:Russell Watts, Treasurer-Tax Collector Date:November 9, 2021 Contra Costa County Subject:Clarification of Funding Source for April 20, 2021 Board Order Item #C. 57 with Emphasys BACKGROUND: (CONT'D) (“Emphasys”) and recommended all its clients be transitioning to the SymPro Treasury Management Software system (“SymPro”). However, the due diligence process in selecting a vendor to replace FIS was complicated by the RFP process for the County’s new finance system. We knew the new treasury management system would have to interface with the new finance system, if it were not already a component of it, and thus requested it be included as an essential function of treasury management section of the County’s RFP. Workday, selected by the County to replace its existing finance system, included in their response a joint proposal with Emphasys as the treasury management solution. The joint proposal included SymPro’s pricing, which turned out to be more favorable than the pricing that was offered in the agreement FIS had established with Emphasys. The County accepted Workday’s offer and approved the funding for acquiring the SymPro system. Because of the urgency to replace the APSII before the end of 2021, we asked to work out the Emphasys agreement apart from the Workday agreement as it had less issues to address. The SymPro system was to be installed before year-end with plans to do the interface later when Workday would be ready. Nevertheless, the entire costs for the implementation, including data conversion, training, software license fee, interface design, support and hosting, etc., would be covered by General Fund reserves earmarked for the County’s new finance system project. CONSEQUENCE OF NEGATIVE ACTION: If this correction is not approved, the Treasurer-Tax Collector’s budget may not balane at year-end. RECOMMENDATION(S): Acting as the governing board of the West Contra Costa Healthcare District: 1. ACKNOWLEDGE the September 30, 2021 recommendation of the West Contra Costa Healthcare District Finance Committee and the October 14, 2021, recommendation of the Debt Affordability Advisory Committee to approve the refunding of the 2018 and 2019 Bonds in the principal amount of approximately $44,745,000, and the recommendation of the DACC to pursue a public offering of the refunding bonds. 2. ACKNOWLEDGE the refunding of existing debt will result in total savings of approximately $9 million in debt service, subject to changes in market conditions prior to the date of sale. 3. ADOPT, as the Governing Board of the District, Resolution 2021/381, approving the issuance by the District of its West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 to refund the Districts 2018 and 2019 Bonds of which $50,538,000 is currently outstanding subject to a not-to-exceed underwriters discount of .525% of the par amount of the Bonds and subject to a minimum net present value savings of 10% of the par amount of the outstanding principal amount of the 2018 and 2019 Bonds. 4. AUTHORIZE the forms and direct APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/09/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Godley, 925-957-5405 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Patrick Godley C. 48 To:West Contra Costa Healthcare District From:Anna Roth, Health Services Director Date:November 9, 2021 Contra Costa County Subject:West Contra Costa Healthcare District Refunding of the 2018 and 2019 Bonds RECOMMENDATION(S): (CONT'D) the execution and delivery of the financing documents, including: (i) an Indenture of Trust by and between the District and U.S. Bank National Association as Trustee; (ii) a Bond Purchase Agreement by and between the District and Piper Sandler as Underwriter; (iii) an Escrow Agreement by and between the District and U.S. Bank National Association, as Escrow Bank; (iv) a Continuing Disclosure Certificate between the District and a Dissemination Agent to be appointed; and (v) a Preliminary Official Statement to be revised to a final Official Statement after the date of sale of the Bonds. 5. APPROVE AND AUTHORIZE the taking of necessary actions and the execution of necessary documents in connection therewith. FISCAL IMPACT: The refunding of the 2018 and 2019 Bonds will result in total savings of approximately $9 million through 2042. BACKGROUND: The District has two outstanding revenue bonds that are secured by and repaid from the District’s parcel taxes: 2018 Bonds ($15,015,000 original principal amount sold to Pacific Western Bank at 3.625% with a final maturity of July 1, 2028) 1. 2019 Bonds ($20,254,500 original principal amount sold to Pacific Western Bank and $20,254,500 original principal amount sold to Western Alliance Business Trust both initially at a taxable rate of 5.00% that have been converted to a tax-exempt rate of 4.125% earlier this year, with a final maturity of July 1, 2042). 2. Both the 2018 and 2019 Bonds (the “Outstanding Bonds”) are callable on any interest payment date, at par, with no prepayment penalty. The first interest payment date the District can refund the Outstanding Bonds is January 1, 2022. As such, the District can issue refunding bonds to refund the currently Outstanding Bonds sometime between October 3, 2021, and December 31, 2021. The refunding would qualify as a current refunding and be eligible as a tax-exempt obligation. Since the Outstanding Bonds were initially sold, interest rates have declined, and the District’s credit profile has improved. The combination of these two factors combined with the favorable prepayment (optional redemption) provisions associated with the Outstanding Bonds has created an opportunity to generate substantial debt service savings by refunding the Outstanding Bonds. If the District misses the January 1 date, the next available redemption date is July 1, 2022, at which time the interest rate might be higher. On September 30, 2021 the Finance Committee of the West Contra Costa Healthcare District (the “District”) recommended to approve a refunding of the 2018 and 2019 Bonds in the principal of approximately $44,745,000. On October 14, 2021, the Debt Affordability Advisory Committee (the “DAAC”) recommended to approve the refunding of the 2018 and 2019 Bonds in the principal amount of approximately $44,745,000 pursuant to a public offering of the refunding bonds. Financing Details The following is an overview of the two options considered and the preferred option being recommended for approval: Private Placement Term Sheet Proposal from Umpqua Bank: Callable at any time with a call premium that starts at 3% and declines to 0% in 10 years. Total savings of approximately $7.1 million and approximately $5.8 million on a net present value basis which is over 11.5% of the Outstanding Bonds par amount. Public Offering with Proposed Pricing Provided by Piper Sandler: Based on an indicative rating by Moody’s of “Aa3” the total savings are approximately $9.7 million and approximately $7.8 million on a net present value basis which is over 15.5% of the Outstanding Bonds par amount. Risks and additional costs in proceeding with the Public Offering include: Additional management time and effort to prepare disclosure documents and maintain a rating as well as requirements to provide ongoing public disclosure of the District’s financial information and disclosure of parcel tax background and history. The bonds won’t likely be callable until July 1, 2031. Interest rates could increase while waiting to sell the bonds which is when the rate will lock in. Based on the facts presented, the DAAC, the District’s Finance Committee, the District’s management team and consultants, the District’s Financial Advisor and Underwriter all recommend that the District to pursue a publicly offered tax-exempt refunding revenue bond that refunds, on a current basis, the Outstanding Bonds. The refunding is contingent on a minimum level of savings being achieved to benefit the District to be effective. This minimum level is set at a net present value savings of 10% of the par amount of the outstanding principal amount of the 2018 and 2019 Bonds. Due to the uncertainty of changing market interest rates between now and the sale date (expected to be November 18, 2021), if interest rates increase, that could have the effect of reducing the actual net present value savings below the present level of just over 15% of the par amount of the 2018 and 2019 Bonds. The underwriter’s discount is capped at .525% of the par amount of the Bonds. CONSEQUENCE OF NEGATIVE ACTION: Failure to meet the deadlines for the refunding and redemption of the Outstanding Bonds could result in a $9 million missed savings opportunity for the District, which savings could go towards community healthcare services. AGENDA ATTACHMENTS Resolution 2021/381 Bond Purchase Agreement Continuing Disclosure Agreement Escrow Agreement Indenture of Trust Preliminary Offical Statement Financial Analysis Governing Board of WCCHD Resolution MINUTES ATTACHMENTS Signed: Resolution No. 2021/381 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/09/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/381 RESOLUTION APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE, A BOND PURCHASE AGREEMENT, AN ESCROW AGREEMENT AND A CONTINUING DISCLOSURE CERTIFICATE AND APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT, ALL IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF REVENUE BONDS TO REFUND THE OUTSTANDING WEST CONTRA COSTA HEALTHCARE DISTRICT REFUNDING REVENUE BONDS, SERIES 2018, AND THE OUTSTANDING WEST CONTRA COSTA HEALTHCARE DISTRICT REFUNDING REVENUE BONDS, SERIES 2019, AND APPROVING CERTAIN OTHER ACTIONS RESOLVED, by the Board of Directors (the “Board”) of the West Contra Costa Healthcare District (the “District”), as follows: WHEREAS, the District has heretofore issued its West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2018 (the “2018 Bonds”), of which $10,249,000 is currently outstanding, and its West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2019 (the “2019 Bonds” and, with the 2018 Bonds, the “Prior Bonds”), of which $40,289,000 is currently outstanding; WHEREAS, the District has determined, as a result of favorable financial market conditions and for other reasons, at this time to issue its West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 (the “Bonds”), pursuant to the provisions of section 53570 et seq. of the California Government Code to refund the Prior Bonds; WHEREAS, the District’s obligation to pay the principal of and interest on the Bonds will be secured by a first and prior lien on the revenues derived by the District from an annual special parcel tax on each taxable parcel of real property within the District (exclusive of parcels for which exemptions have been granted, approved by approximately 84% of the voters of the District at a special election held on June 8, 2011); WHEREAS, a preliminary official statement to be used in connection with the offering and sale of the Bonds has been prepared and it is appropriate at this time for the Board to approve the form thereof and its distribution to prospective purchasers of the Bonds; WHEREAS, pursuant to section 5852.1 of the Government Code, which became effective on January 1, 2018 by the enactment of Senate Bill 450, certain information relating to the Bonds is set forth in Exhibit A attached to this Resolution, and such information is hereby disclosed and made public; and WHEREAS, the District has determined to authorize the officers of the District to take all necessary action to accomplish the issuance, sale and delivery of the Bonds; NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: Section 1. The Board hereby approves the refunding, on a current basis, of the Prior Bonds by the issuance of the Bonds, without limitation as to principal amount, so long as the refunding of the Prior Bonds, in the aggregate, produces at least 10% net present value savings as a percentage of the par amount outstanding of the Prior Bonds. In addition, the refunding of the 2018 Bonds and the 2019 Bonds must individually produce at least 5% net present value savings as a percentage of the outstanding par amount of the 2018 Bonds and 2019 Bonds, respectively. Section 2. The form of indenture between the District and U.S. Bank National Association, as trustee (the “Trustee”), as presented to this meeting (the “Indenture”), is hereby approved. The Executive Director of the District, the Treasurer of the Board, the Chief Operating Officer & CFO of Contra Costa Health Services, or the designee thereof (each, an “Authorized Officer”), is hereby authorized and directed, for and in the name of the District, to execute and deliver the Indenture in substantially such form, with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery of the Indenture. The date, maturity date, interest rate, interest payment dates, denominations, forms, registration privileges, place or places of payment, terms of redemption and other terms of the Bonds shall be as provided in the Indenture, as finally executed. Section 3. The form of escrow agreement between the District and U.S. Bank National Association, as escrow bank (the “Escrow Bank”), with respect to the refunding of the Prior Bonds (the “Escrow Agreement”), as presented to this meeting, is hereby approved. Any Authorized Officer is hereby authorized and directed, for and in the name of the District, to execute and deliver an Escrow Agreement in substantially such form, with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery of the Escrow Agreement. Section 4. The form of bond purchase agreement by and between the District and Piper Sandler & Co., as underwriter (the “Underwriter”), as presented to this meeting (the “Bond Purchase Agreement”), is hereby approved, so long as amount of Underwriter’s discount for the Bonds is not more than 0.525% of the par amount thereof. Any Authorized Officer is hereby authorized and directed for and in the name of the District, to execute and deliver a Bond Purchase Agreement in substantially such form, with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement. Section 5. The form of continuing disclosure certificate, as presented to this meeting (the “Continuing Disclosure Certificate”), is hereby approved. Any Authorized Officer is hereby authorized and directed for and in the name of the District, to execute and deliver a Continuing Disclosure Certificate in substantially such form, with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery of the Continuing Disclosure Certificate. Section 6. The Board hereby approves and deems final within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934 except for permitted omissions, a preliminary official statement describing the Bonds in the form presented to this meeting (the “Preliminary Official Statement”). Distribution of the Preliminary Official Statement by the Underwriters to prospective purchasers of the Bonds is hereby approved. Any Authorized Officer is hereby authorized to execute the final form of an official statement, including as it may be modified by such additions thereto and changes therein as such officer shall deem necessary, desirable or appropriate (the “Final Official Statement”), and the execution of the Final Official Statement shall be conclusive evidence of the approval of any such additions and changes. The Board hereby authorizes the distribution of the Final Official Statement by the Underwriters. The Final Official Statement shall be executed in the name and on behalf of the District by an Authorized Officer. Section 7. The Authorized Officers are hereby authorized and directed, for and in the name of the District, to execute and deliver any other documents as may be deemed necessary or appropriate to implement the refinancing or to issue the Bonds, such approval to be conclusively evidenced by the execution and delivery of such documents. Section 8. The Bonds shall be executed by the manual or facsimile signature of any Authorized Officer and attested by the manual or facsimile signature of the Secretary or Assistant Secretary of the Board of Directors of the District, or the designee thereof, in the form set forth in and otherwise in accordance with the Indenture. Section 9. The Authorized Officers are hereby authorized and directed, for and on behalf of the District, to approve any changes to the foregoing documents, such approval to be conclusively evidenced by the execution and delivery thereof. Section 10. The Bonds, when so executed, shall be delivered to the Trustee for authentication by the Trustee. The Trustee is hereby requested and directed to authenticate the Bonds by executing the Trustee’s Certificate of Authentication appearing thereon, and to deliver the Bonds, when duly executed and authenticated, to the purchaser thereof in accordance with written instructions of the District. Said instructions shall provide for the delivery of the Bonds to the purchaser thereof upon payment of the purchase price thereof. Section 11. The Authorized Officers and other authorized officers of the District are each hereby authorized and directed to do the following with respect to the issuance of the Bonds: a. Take any and all actions and execute, acknowledge, deliver and file any and all agreements, instruments or other documents of any kind required of the District; and b. Act as an agent to the District for the purposes of issuing the Bonds and any additional negotiations, authorizations, approvals, executions, consents, notices, deliveries or other acts required to issue such Bonds. Section 12. All actions taken by the Authorized Officers and other officers or directors of the District which have been undertaken to date or which will be undertaken with respect to the planning, negotiation, authorization, approval and implementation of the financing plan are hereby ratified, confirmed and approved in all respects. Section 13. This resolution shall take effect immediately upon its passage. Contact: Patrick Godley, 925-957-5405 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 9, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Patrick Godley Quint & Thimmig LLP 09/13/21 09/22/21 10/19/21 23018.06 $___________ WEST CONTRA COSTA HEALTHCARE DISTRICT Refunding Revenue Bonds, Series 2021 BOND PURCHASE AGREEMENT December __, 2021 West Contra Costa Healthcare District 651 Pine Street Martinez, CA 94553 Ladies and Gentlemen: The undersigned, Piper Sandler & Co., as underwriter (the “Underwriter”) offers to enter into this Bond Purchase Agreement (the “Bond Purchase Agreement”) with the West Contra Costa Healthcare District (the “District”), which, upon acceptance, will be binding upon the District and the Underwriter. This offer is made subject to the District’s acceptance on or before 11:59 P.M., California time, on the date hereof, and, if not so accepted, will be subject to withdrawal by the Underwriter upon written notice delivered by the Underwriter to the District at any time prior to acceptance. The undersigned Underwriter has been duly authorized to execute this Bond Purchase Agreement on behalf of the Underwriter and to act hereunder. The District hereby acknowledges and agrees that (a) the purchase and sale of the Bonds (as defined herein) pursuant to this Bond Purchase Agreement is an arm’s-length commercial transaction between the District and the Underwriter, (b) in connection therewith and with the discussions, undertakings and procedures leading up to the consummation of such transaction, the Underwriter is and has been acting solely as principals and are not acting as the agent or fiduciary of the District, (c) the Underwriter has not assumed an advisory or fiduciary responsibility in favor of the District with respect to the offering and sale of the Bonds contemplated hereby or the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriter has provided other services or are currently providing other services to the District on other matters) and the Underwriter has no obligation to the District with respect to the offering and sale of the Bonds contemplated hereby except the obligations expressly set forth in this Bond Purchase Agreement, and (d) the District has consulted its own legal, financial and other advisors to the extent it has deemed appropriate, in connection with the issuance of the Bonds and the other matters contemplated by this Bond Purchase Agreement. The District hereby acknowledges receipt from the Underwriter of disclosures required by the Municipal Securities Rulemaking Board (“MSRB”) Rule G-17 (as set forth in MSRB Notice 2012-25 (May 7, 2012), relating to disclosures concerning the Underwriter’s role in the transaction, disclosures concerning the Underwriter’s compensation, conflict disclosures, if any, and disclosures concerning complex municipal securities financing, if any. -2- 1. Purchase, Sale and Delivery of the Bonds. (a) Subject to the terms and conditions and in reliance upon the representations, warranties and agreements set forth herein, the Underwriter hereby agrees to purchase from the District, and the District hereby agrees to sell to the Underwriter, all (but not less than all) of $_________ aggregate principal amount of West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 (the “Bonds”), dated as of the date of their delivery, bearing interest and maturing on the dates and in the amounts set forth on Exhibit A attached hereto. The purchase price for the Bonds shall be $________ (which consists of the principal amount of the Bonds of $__________, less an Underwriter’s discount of $__________, plus an original issue premium of $_________). (b) The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable as provided in that certain Indenture, dated as of December 1, 2021 (the “Indenture”), between the District and U.S. Bank National Association, as trustee (the “Trustee”). (c) The Bonds are being issued to provide funds to (i) refund, on a current basis, the outstanding West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2018 (the “2018 Bonds”), and the outstanding West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2019 (the “2019 Bonds” and, with the 2018 Bonds, the “Prior Bonds), and (ii) pay the costs of issuing the Bonds. (d) The Bonds are payable from a first and prior lien on the 2004 Parcel Tax Revenues. The “2004 Parcel Tax Revenues” are the annual amounts collected by Contra Costa County (the “County”) on behalf of the District from the 2004 Parcel Tax. The “2004 Parcel Tax” is the special parcel tax approved by 84% of the voters of the District at a special election held on June 8, 2004. Section 5451.5 of the California Government Code (the “Lien Statute”), imposes a lien on the 2004 Parcel Tax Revenues to secure the District’s obligations with respect to the Bonds. Pursuant to the Lien Statute, the 2004 Parcel Tax Revenues are immediately subject to such lien and the lien attaches to the 2004 Parcel Tax Revenues and is effective, binding and enforceable against the District, its successors, purchasers of the 2004 Parcel Tax Revenues, creditors and others asserting rights therein, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing or further act. (e) The Bonds are authorized pursuant to the provisions of section 53570 et seq. of the California Government Code (the “Law”), the Indenture and a resolution adopted by the Board of Directors of the District on October 19, 2021 (the “Resolution”). (f) At 10:00 A.M., Pacific Daylight time, on December __, 2021, or at such earlier or later time or date as shall be agreed by the District and the Underwriter (such time and date being herein referred to as the “Closing Date”), the District will direct the Trustee to deliver the Bonds to The Depository Trust Company (“DTC”) in New York, New York (or to the Trustee in the event of a Fast Automated Securities Transaction (“F.A.S.T.”)), for the account of the Underwriter (or at such other location as may be designated by the Underwriter), the Bonds in the form of a separate single fully-registered Bond for each of the Bond maturities (all Bonds being typewritten and bearing CUSIP numbers), duly executed by the District and authenticated by the Trustee, and in San Francisco, California, and the other documents herein mentioned; and the Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in paragraph (a) of this Section 1 by wire transfer, payable in immediately available funds (such delivery and payment being herein referred to as the “Closing”). The Bonds shall be registered in the name of Cede & Co., as nominee for DTC. Notwithstanding the foregoing, neither the failure to place CUSIP numbers on any Bond nor any error with respect thereto shall constitute cause for a failure -3- or refusal by the Underwriter to accept delivery of and pay for the Bonds on the Closing Date in accordance with the terms of this Bond Purchase Agreement. (g) Concurrently with its acceptance hereof, or as soon as practicable but within the time period specified below, the District will deliver to the Underwriter an official statement with respect to the Bonds, dated the date hereof, in substantially the same form as the Preliminary Official Statement (hereinafter defined), with only such changes therein as shall be mutually agreed upon, signed on behalf of the District (such official statement, together with all appendices thereto and any amendments or supplements thereto, is hereinafter referred to as the “Official Statement”). The District hereby authorizes the use by the Underwriter of the Indenture, that certain Escrow Agreement relating to the refunding of the Prior Bonds, to be dated the date of the Closing (the “Escrow Agreement”), by and between the District and U.S. Bank National Association, as escrow bank (the “Escrow Bank”), and the Official Statement and the information contained therein in connection with the offering and sale of the Bonds, and consents to and ratifies the use by the Underwriter prior to the date hereof of a preliminary official statement, dated October 21, 2021 (such preliminary official statement, together with all appendices thereto, is herein referred to as the “Preliminary Official Statement”). The District and the Office have each heretofore “deemed final” certain respective portions of the Preliminary Official Statement so as to enable the Underwriter to comply with the provisions of paragraph (b)(1) of Rule 15c2- 12 of the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). The District hereby confirms that the information in the Official Statement is “deemed final” pursuant to said Rule. The District hereby agrees to provide to the Underwriter within seven business days of the date hereof sufficient copies of the Official Statement to enable the Underwriter to comply with the requirements of paragraph (b)(4) of Rule 15c2-12 of the Securities and Exchange Commission and with the requirements of Rule G-32 and Rule G-36 of the Municipal Securities Rulemaking Board. 2. Bona Fide Public Offering. The Underwriter agrees to make a bona fide public offering of all of the Bonds, at prices not in excess of the initial public offering yields or prices set forth on the cover page of the Official Statement. Subject to Section 3(c), the Bonds may be offered and sold to certain dealers at prices lower than such initial public offering prices; provided, however, that the Underwriter may offer a portion of the Bonds for sale to selected dealers who are members of the Financial Industry Regulatory Authority and who agree to resell the Bonds to the public on terms consistent with this Bond Purchase Agreement, and the Underwriter reserves the right to change such offering prices or yields as the Underwriter shall deem necessary in connection with the marketing of the Bonds and to offer and sell the Bonds to certain dealers (including dealers depositing the Bonds into investment trusts) and others at prices lower than the initial offering prices or at yields higher than the initial yields set forth on Exhibit A attached hereto. The Underwriter also reserves the right to over-allot or effect transactions that stabilize or maintain the market price of the Bonds at a level above that which might otherwise prevail in the open market and to discontinue such stabilizing, if commenced, at any time. None of such activities shall affect the principal amounts, maturity dates, interest rates, redemption or other provision of the Bonds or the amount to be paid by the Underwriter to the District for the Bonds. 3. Issue Price. (a) The Underwriter agree to assist the District in establishing the issue price of the Bonds and shall execute and deliver to the District on the Closing Date an “issue price” or similar certificate substantially in the form attached hereto as Exhibit B, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the District and Bond Counsel, to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Bonds. -4- (b) Except as otherwise set forth in Schedule 1 attached to Exhibit B, the District will treat the first price at which 10% of each maturity of the Bonds (the “10% test”) is sold to the public as the issue price of that maturity (if different interest rates apply within a maturity, each separate CUSIP number within that maturity will be subject to the 10% test). (c) Schedule 1 attached to Exhibit B sets forth the maturities, if any, of the Bonds for which the 10% test has not been satisfied and for which the District and the Underwriter agrees that the restrictions set forth in the next sentence shall apply, which will allow the District to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the “hold-the-offering-price rule”). So long as the hold-the-offering-price rule remains applicable to any maturity of the Bonds, the Underwriter will neither offer nor sell unsold Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following: (i) the close of the fifth (5th) business day after the sale date; or (ii) the date on which the Underwriter has sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public. (d) The Underwriter confirms that: (i) any selling group agreement and any third-party distribution agreement relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer who is a member of the selling group and each broker-dealer that is a party to such third-party distribution agreement, as applicable: (A)(i) to report the prices at which it sells to the public the unsold Bonds of each maturity allocated to it, whether or not the Closing Date has occurred, until either all Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter that the 10% test has been satisfied as to the Bonds of that maturity, provided that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter, and (ii) to comply with the hold-the-offering-price rule, if applicable, if and for so long as directed by the Underwriter, (B) to promptly notify the Underwriter of any sales of Bonds that, to its knowledge, are made to a purchaser who is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below), and (C) to acknowledge that, unless otherwise advised by the dealer or broker- dealer, the Underwriter shall assume that each order submitted by the dealer or broker-dealer is a sale to the public. (ii) any selling group agreement relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer that is a party to a third-party distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker-dealer that is a party to such third-party distribution agreement to (A) report the prices at which it sells to the public the unsold Bonds of each maturity allocated to it, whether or not the Closing Date has occurred, until either all Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter or the dealer that the 10% -5- test has been satisfied as to the Bonds of that maturity, provided that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter or the dealer, and (B) comply with the hold-the-offering- price rule, if applicable, if and for so long as directed by the Underwriter or the dealer and as set forth in the related pricing wires. (e) The Underwriter acknowledge that sales of any Bonds to any person that is a related party to the Underwriter shall not constitute sales to the public for purposes of this Section 3. Further, for purposes of this Section 3: (i) “public” means any person other than an Underwriter or a related party, (ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the District (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a third-party distribution agreement participating in the initial sale of the Bonds to the public), and (iii) a purchaser of any of the Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (A) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (B) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (C) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and (iv) “sale date” means the date of execution of this Bond Purchase Agreement by all parties. 4. Representations, Warranties and Agreements of the District. The District represents and warrants to, and agrees with, the Underwriter that: (a) The District is and will be at the Closing Date duly organized and existing under the Constitution and laws of the State of California as a local health care district with the full power and authority to issue the Bonds, and to carry out and consummate the transactions contemplated by this Bond Purchase Agreement, the Indenture, the Official Statement, the Continuing Disclosure Certificate of the District, dated the Closing Date (the “Disclosure Certificate”) and the Escrow Agreement; (b) When delivered to and paid for by the Underwriter at the Closing in accordance with the provisions of this Bond Purchase Agreement, the Bonds will have been duly authorized, executed, issued and delivered and will constitute valid and binding limited obligations of the District in conformity with, and entitled to the benefit and security of, the Indenture; (c) By official action of the District prior to or concurrently with the acceptance hereof, the District has ratified or authorized the distribution of the Preliminary Official Statement, approved and authorized the distribution of the Official Statement, authorized and approved the execution and delivery of, and the performance by the District of the obligations on its part contained in, -6- the Bonds, the Indenture, this Bond Purchase Agreement, the Disclosure Certificate and the Escrow Agreement; (d) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, governmental agency, public board or body, pending or, to the knowledge of the District, threatened against the District or its properties or operations (i) seeking to restrain or enjoin the issuance, sale, execution or delivery of the Bonds, (ii) in any way contesting or affecting the validity of the Bonds, any proceedings of the District taken concerning the issuance or sale thereof, the pledge or application of any moneys or security provided for the payment of the Bonds, the completeness or accuracy of the Preliminary Official Statement or the Official Statement, or the existence or powers of the District relating to the issuance of the Bonds, or (iii) which, if determined adversely to the interests of the District or its interests, would have a material and adverse effect on the consummation of the transactions contemplated by or the validity of the Indenture, the Disclosure Certificate, the Official Statement, the Escrow Agreement or this Bond Purchase Agreement or on the financial condition, properties or operations of the District or which in any way could materially adversely affect the availability of 2004 Parcel Tax Revenues; (e) The execution and delivery of the Bonds, the Indenture, the Disclosure Certificate, the Escrow Agreement and this Bond Purchase Agreement, and the consummation of the transactions therein and herein contemplated, and the fulfillment of or compliance with the terms and conditions thereof and hereof will not conflict with or constitute a violation or breach of or default (with due notice or the passage of time or both) under any applicable law or administrative rule or regulation, or any applicable court or administrative decree or order, or any indenture, mortgage, deed of trust, loan agreement, lease, contract or other agreement or instrument to which the District is a party or by which it or its properties are otherwise subject or bound, or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the District, which conflict, violation, breach, default, lien, charge or encumbrance might have consequences that would materially and adversely affect the consummation of the transactions contemplated by this Bond Purchase Agreement or the financial condition, properties or operations of the District or its properties. (f) The District is not in breach or default under any applicable law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the District is a party or is otherwise subject, which breach or default may have consequences that would materially and adversely affect the consummation of the transactions described in the Indenture, the Disclosure Certificate, this Bond Purchase Agreement, the Escrow Agreement or the Official Statement, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute such a default or an event of default under any such instrument; (g) Both at the time of acceptance hereof by the District, and at the Closing Date, neither the Preliminary Official Statement nor the Official Statement does or will not contain any untrue statement of a material fact or omit any statement or information concerning the District which is necessary to make such statements and information therein, in the light of the circumstances under which they were made, not misleading in any material respect; (h) If between the date of this Bond Purchase Agreement and 90 days following the Closing Date any event shall occur which might or would cause the Official Statement to contain any untrue statement of a material fact or to omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the District shall notify the Underwriter and if, in the opinion of the Underwriter, such event -7- requires the preparation and publication of a supplement or amendment to the Official Statement, the District will supplement or amend the Official Statement in a form and in a manner approved by the Underwriter, provided all expenses thereby incurred will be paid by the District. If the Official Statement is so supplemented or amended prior to the Closing, such approval by the Underwriter of a supplement or amendment to the Official Statement shall not preclude the Underwriter from thereafter terminating this Bond Purchase Agreement, and if the Official Statement is so amended or supplemented subsequent to the date hereof and prior to the Closing, the Underwriter may terminate this Bond Purchase Agreement by notification to the District at any time prior to the Closing if, in the reasonable judgment of the Underwriter, such amendment or supplement has or will have a material adverse effect on the marketability of the Bonds. (i) The District has not incurred any material liabilities, direct or contingent, nor has there been any material adverse change in the financial position, results of operation or condition, financial or otherwise, of the District since June 30, 2021, which is not described in the Preliminary Official Statement or the Official Statement, whether or not arising from transactions in the ordinary course of business; (j) Between the date hereof and the date of the Closing, the District will not, without the prior written consent of the Underwriter, except as described in or contemplated by the Official Statement, incur any material liabilities, direct or contingent, other than in the ordinary course of business; (k) All approvals, consents, authorizations, certifications and other orders of any governmental authority, board, agency or commission having jurisdiction, and all filings with any such entities, which would constitute conditions precedent to or the failure to obtain which would materially adversely affect the performance by the District of its obligations hereunder or under the Indenture, the Disclosure Certificate, the Escrow Agreement or the consummation of the transactions described in the Official Statement have been or will be duly obtained and no further consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the District is or will be required for the issue and sale of the Bonds or the consummation by the District of the other transactions described in this Bond Purchase Agreement and the Official Statement, except as such may be required under the state securities or Blue Sky laws in connection with the distribution of the Bonds by the Underwriter (as to which no representation or warranty is given by the District); (l) After the Closing, the District will (a) not participate in the issuance of any amendment of or supplement to the Official Statement to which, after being furnished with a copy, the Underwriter shall reasonably object in writing or which shall be disapproved by its counsel and (b) for so long as the Underwriter is obligated by Rule 15c2-12 to deliver Official Statements to prospective purchasers, if any event relating to or affecting the District or its present or proposed facilities shall occur as a result of which it is necessary, in the opinion of counsel for the Underwriter, to amend or supplement the Official Statement in order to make the Official Statement not misleading in the light of the circumstances existing at the time it is delivered to a purchaser, forthwith prepare and furnish to the Underwriter (at the expense of the District for 25 days from the date of Closing, and thereafter at the expense of the Underwriter) a reasonable number of copies of an amendment of or supplement to the Official Statement (in form and substance satisfactory to counsel for the Underwriter) which will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Official Statement is delivered to a purchaser, not misleading. For the purposes of this subsection, the District will furnish such information with respect to itself and its present and proposed facilities as the Underwriter may from time to time reasonably request. -8- Unless otherwise notified by the Underwriter, the District can assume that the underwriting period (as defined in Rule 15c2-12) ends on the Closing Date; (m) The District will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter as the Underwriter may reasonably request in order for the Underwriter (i) to qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate and (ii) to determine the eligibility of the Bonds for investment under the laws of such state and other jurisdictions, and will use its best efforts to continue such qualification in effect so long as required for distribution of the Bonds; provided, however, that in no event shall the District be required to take any action which would subject it to general or unlimited service of process in any jurisdiction in which it is not now so subject; (n) The audited financial statements of the District for the fiscal year ended June 30, 2021 which are referred to in the Preliminary Official Statement and the Official Statement (and summarized in Appendix A thereto), present fairly and accurately the financial condition and operations of the District for that period in accordance with generally accepted accounting principles and on a basis consistent with past accounting practices reflected in the prior fiscal year’s audited financial statements; and (o) Except as described in the Preliminary Official Statement and the Official Statement, the District has complied, in all material respect, with all continuing disclosure obligations it has undertaken, and which have been in effect for the past five years. The execution and delivery of this Bond Purchase Agreement by the District shall constitute a representation by the District to the Underwriter that the representations, warranties and agreements contained in this Section 4 are true as of the date hereof; provided that as to all matters of law the District is relying on the advice of counsel to the District; and provided further that no member of the governing body of the District shall be individually liable for the breach of any representation, warranty or agreement contained herein. 5. Conditions to the Obligations of the Underwriter. The obligation of the Underwriter to accept delivery of and pay for the Bonds on the Closing Date shall be subject, at the option of the Underwriter, to the accuracy in all material respects of the representations, warranties and agreements on the part of the District contained herein as of the date hereof and as of the Closing Date, to the accuracy in all material respects of the statements of the officers and other officials of the District made in any certificates or other documents furnished pursuant to the provisions hereof, and to the performance by the District of its obligations to be performed hereunder at or prior to the Closing Date and to the following additional conditions: (a) At the Closing Date, the Official Statement, the Indenture, this Bond Purchase Agreement, the Disclosure Certificate and the Escrow Agreement shall be in full force and effect in the form heretofore submitted to the Underwriter, with only such changes as shall be agreed to in writing by the Underwriter, and there shall have been taken in connection with the issuance of the Bonds and with the transactions contemplated thereby and by this Bond Purchase Agreement, all such actions as, in the opinion of Quint & Thimmig LLP, Bond Counsel, shall be necessary and appropriate; (b) At the Closing Date, the Official Statement, the Indenture, this Bond Purchase Agreement, the Disclosure Certificate and the Escrow Agreement shall not have been amended, modified or supplemented, except as may have been agreed to in writing by the Underwriter; -9- (c) Between the date hereof and the Closing Date, the market price or marketability, at the initial offering prices set forth in the Official Statement, of the Bonds shall not have been materially adversely affected, in the judgment of the Underwriter, by reason of any of the following: (1) legislation shall have been enacted by the Congress of the United States or the Legislature of the State of California or favorably reported thereto for passage by any Committee to which such legislation has been referred for consideration or be pending before any such Committee or shall have been recommended to the Congress of the United States for passage by the President of the United States or recommended to the Legislature of the State of California for passage by the Governor of the State of California, or a decision shall have been rendered by a court of the United States, including the Tax Court of the United States, or of the State of California, or a ruling or an official release shall have been made or a regulation shall have been proposed or made by the Treasury Department of the United States or the Internal Revenue Service or other federal or State of California authority having jurisdiction over tax matters, with respect to federal or State of California taxation upon revenues or other income of the District or upon interest on obligations of the general character of the Bonds, or other actions or events shall have transpired that would, in the reasonable judgment of the Underwriter, have the purpose or effect, directly or indirectly, of changing the federal or State of California tax consequences of any of the transactions contemplated in connection herewith and that in the reasonable judgment of the Underwriter, affects materially and adversely (i) the market price or marketability of the Bonds or (ii) the ability of the Underwriter to enforce contracts for the sale of the Bonds; (2) legislation shall have been enacted or introduced in the Congress or recommended for passage by the President of the United States, or a decision rendered by a court of competent jurisdiction or by the Tax Court of the United States, or an order, ruling, regulation (final, temporary or proposed) or official statement issued or made by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the Bonds, or the Bonds, including any or all underlying obligations, are not exempt from registration under the Securities Act of 1933, as amended (the “Securities Act”), that the Indenture is not exempt from qualification under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”), or that the issuance, offering or sale of the Bonds, including any or all underlying obligations, is or would be in violation of the federal securities laws as amended and then in effect or that suspends the use of the Official Statement or any supplement thereto or any proceeding for such purpose shall have been initiated or threatened in any such court or by any such authority; (3) the outbreak or escalation of hostilities involving the United States or the declaration by the United States of a national emergency or war or the engagement in major hostilities by the United States or the occurrence of any other national emergency or calamity relating to the effective operation of the government of or the financial community in the United States; (4) the declaration of a general banking moratorium by federal, New York or California authorities, or the general suspension of trading on any national securities exchange; (5) the imposition by the New York Stock Exchange or other national securities exchange, or any governmental authority, of any material restrictions not now in force with respect to the Bonds or obligations of the general character of the Bonds or securities -10- generally, or the material increase of any such restrictions now in force, including those relating to the extension of credit by, or the charge to the net capital requirements of, Underwriter; (6) the withdrawal or downgrading of any rating of the Bonds by a national rating agency or notice having been given by a national rating agency of any intended or potential downgrading or other review or possible change in such rating that does not indicate the direction of such possible change; or (7) any event occurring, or information becoming known which, in the reasonable judgment of the Underwriter, makes untrue in any material respect any statement or information contained in the Official Statement, or has the effect that the Official Statement contains any untrue statement of material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (8) an order, ruling, regulation (final, temporary or proposed), press release, statement or other form of notice by or on behalf of the Treasury Department of the United States, the Internal Revenue Service or other governmental agency relating to Circular 230 (31 C.F.R. part 10) is issued, made or proposed, that, in the judgment of the Underwriter, affects materially and adversely the market for the Bonds or the market price generally of obligations of the general character of the Bonds. (d) At or prior to the Closing Date, the Underwriter shall have received the following documents, in each case satisfactory in form and substance to the Underwriter: (1) Copies of the Indenture, the Disclosure Certificate and the Escrow Agreement, duly executed and delivered by the respective parties thereto, with such amendments, modifications or supplements as may have been agreed to in writing by the Underwriter; (2) An approving opinion, dated the Closing Date and addressed to the District, of Quint & Thimmig LLP, Bond Counsel, in substantially the form attached as Appendix D to the Official Statement, together with a letter from said Bond Counsel authorizing the Underwriter to rely on said opinion, and a supplemental opinion in form acceptable to the Underwriter and the District, dated the Closing Date and addressed to the Underwriter and the District, to the effect that: (i) the Bond Purchase Agreement has been duly executed and delivered by the District and, assuming due authorization, execution and delivery by the Underwriter, is a valid and binding obligation of the District, subject to laws relating to bankruptcy, insolvency, reorganization arrangement, fraudulent conveyance, moratorium or other laws affecting creditors’ rights generally, to the application of equitable principles, to the exercise of judicial discretion in appropriate cases and to the limitations on legal remedies against a local health care district in the State of California; (ii) the statements contained in the Official Statement in the sections thereof entitled: “THE BONDS,” “SECURITY FOR THE BONDS,” “TAX MATTERS,” “EXHIBIT C—SUMMARY OF PRINCIPAL LEGAL DOCUMENTS,” and “EXHIBIT D—FORM OF FINAL OPINION OF BOND COUNSEL,” insofar as such statements expressly summarize certain provisions of the Bonds, the Indenture, the Disclosure Certificate, the Escrow Agreement and Bond Counsel’s opinion concerning certain tax matters are accurate in all material respects; and -11- (iii) the Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and the Indenture is exempt from qualification as an indenture pursuant to the Trust Indenture Act of 1939, as amended. (3) An opinion dated the Closing Date and addressed to the District and the Underwriter, of Foley & Lardner LLP, counsel to the District, in substantially the form attached hereto as Exhibit C. (4) A certificate of the Executive Director of the District, or such other officer as is acceptable to the Underwriter, dated the Closing Date, to the effect that the representations and agreements of the District contained herein are true and correct in all material respects as of the Closing Date, and: (i) no litigation is pending or, to the knowledge of such officer, threatened (a) to restrain or enjoin the issuance or delivery of any of the Bonds or the collection of Revenues pledged under the Indenture, (b) in any way contesting or affecting the authority for the issuance of the Bonds or the validity of the Bonds, the Indenture, the Disclosure Certificate or this Bond Purchase Agreement, or (c) in any way contesting the existence or powers of the District; (ii) no event affecting the District has occurred since the date of the Official Statement which would cause as of the Closing Date any statement or information contained in the Official Statement to contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements and information therein, in the light of the circumstances under which they were made, not misleading; (iii) since June 30, 2021, no material and adverse change has occurred in the financial position or results of operations of the District other than as is set forth in the Official Statement; (iv) the District has not, since June 30, 2021, incurred any material liabilities other than in the ordinary course of business or as set forth in or contemplated by the Official Statement; and (v) no proceedings are pending or threatened (1) in any way contesting or affecting the District’s status as a local health care district or (2) to subject any income of the District to federal income taxation; (5) Satisfactory evidence that the Bonds have been rated “___” or better by Moody’s Investors Service; (6) An opinion of Jennings, Strouss & Salmon, P.L.C., as disclosure counsel (“Disclosure Counsel”), addressed to the District and the Underwriter, to the effect that the Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and to the effect that, based upon its participation in the preparation of the Official Statement as Disclosure Counsel and without having undertaken to determine independently the fairness, accuracy or completeness of the statements contained in the Official Statement, such counsel has no reason to believe that, as of the date of the Official Statement or as of the date of Closing, the Official Statement (excluding therefrom the reports, financial and statistical data and forecasts therein, the information with respect to DTC and the book-entry system and the information included in Appendices thereto, as -12- to which no opinion need be expressed) contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (7) A certified copy of the Resolution authorizing the execution and delivery of the Bonds, the Indenture, the Disclosure Certificate, the Bond Purchase Agreement, the Escrow Agreement and the Official Statement and ratifying the distribution of the Preliminary Official Statement and authorizing distribution of the Official Statement; (8) An opinion of counsel to the Trustee in form and substance satisfactory to the Underwriter and Bond Counsel; (9) A certificate of the Trustee, dated the Closing Date and signed by an authorized Underwriter of the Trustee, to the effect that: (i) The Trustee is a duly organized and existing national banking association in good standing under the laws of the United States of America and has all necessary power and authority to enter into and perform its duties under the Indenture; (ii) The Trustee is duly authorized to enter into the Indenture and has duly executed and delivered the Indenture; (iii) The Bonds have been duly authenticated and delivered by the Trustee; (iv) The execution and delivery of the Indenture and the authentication and delivery of the Bonds and compliance with the provisions thereof, will not conflict with, or constitute a breach of or default under, the Trustee’s duties under any law, administrative regulation, court decree, resolution, articles of association, bylaws or other agreement to which the Trustee is subject or by which it is or may be bound; provided, however, the Trustee need not make any representations and warranties with respect to compliance with any federal and state securities laws; and (v) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, governmental agency, public board or body, served upon or, to the best of the Trustee’s knowledge, threatened against the Trustee, affecting the existence of the Trustee, or the entitlement of its officers to their respective offices or seeking to prohibit, restrain or enjoin the execution and delivery of the Bonds or the collection of revenues pledged or to be pledged to pay the principal, redemption premium, if any, and interest represented by the Bonds, or the pledge thereof, or in any way contesting or affecting the validity or enforceability of the Indenture, or the Bonds; or contesting the power or authority of the Trustee to enter into, adopt or perform its obligations under any of the foregoing, wherein an unfavorable decision, ruling or finding would materially adversely affect the validly or enforceability of the Indenture or the Bonds; (10) An opinion of counsel to the Escrow Bank in form and substance satisfactory to the Underwriter and Bond Counsel; (11) A certificate of the Escrow Bank, dated the Closing Date and signed by an authorized Underwriter of the Escrow Bank, to the effect that: -13- (i) The Escrow Bank is a duly organized and existing national banking association in good standing under the laws of the United States of America and has all necessary power and authority to enter into and perform its duties under the Escrow Agreement; (ii) The Escrow Bank is duly authorized to enter into the Escrow Agreement and has duly executed and delivered the Escrow Agreement; (iii) The execution and delivery of the Escrow Agreement and compliance with the provisions thereof, will not conflict with, or constitute a breach of or default under, the Escrow Bank’s duties under any law, administrative regulation, court decree, resolution, articles of association, bylaws or other agreement to which the Escrow Bank is subject or by which it is or may be bound; provided, however, the Escrow Bank need not make any representations and warranties with respect to compliance with any federal and state securities laws; and (iv) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, governmental agency, public board or body, served upon or, to the best of the Escrow Bank’s knowledge, threatened against the Escrow Bank, affecting the existence of the Escrow Bank, or the entitlement of its officers to their respective offices or in any way contesting or affecting the validity or enforceability of the Escrow Agreement; or contesting the power or authority of the Escrow Bank to enter into, adopt or perform its obligations under any of the foregoing, wherein an unfavorable decision, ruling or finding would materially adversely affect the validly or enforceability of the Escrow Agreement; (12) A defeasance opinion of Bond Counsel, relating to the Prior Bonds; (13) the opinion of Bond Counsel relating to certain bankruptcy matters, addressed to District and the Underwriter, substantially in the form attached hereto as Exhibit D; and (14) Such additional legal opinions, certificates, proceedings, instruments and other documents as the Underwriter, Bond Counsel or counsel to the Underwriter may reasonably request to evidence compliance by the District with legal requirements, the truth and accuracy, as of the Closing Date, of the representations of the District contained herein, and the due performance or satisfaction by the District at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the District. If the District shall be unable to satisfy the conditions to the Underwriter’s obligations contained in this Bond Purchase Agreement or if the Underwriter’s obligations shall be terminated for any reason permitted herein, this Bond Purchase Agreement shall terminate and neither the Underwriter nor the District shall have any further obligation hereunder. 6. Indemnification. To the extent permitted by law, the District agrees to indemnify and hold harmless the Underwriter and each person, if any, who controls (as such term is defined in section 15 of the Securities Act) the Underwriter against any and all losses, claims, damages, liabilities and expenses (i) arising out of any statement or information in the Preliminary Official Statement or in the Official Statement that is or is alleged to be untrue or incorrect in any material respect or the omission or alleged omission therefrom of any statement or information that should be stated therein or that is necessary to make the statements therein not misleading in any material respect, and (ii) to the extent of the aggregate amount paid in settlement of any litigation -14- commenced or threatened arising from a claim based upon any such untrue statement or omission if such settlement is effected with the written consent of the District; provided, however, that in no event shall this indemnification agreement inure to the benefit of the Underwriter (or any person controlling the Underwriter) on account of any losses, claims, damages, liabilities or actions founded on any untrue statement or omission contained in the Preliminary Official Statement or Official Statement arising from the sale of the Bonds upon the public offering to any person by the Underwriter if such losses, claims, damages, liabilities or actions arise out of, or are based upon, an untrue statement or omission or alleged untrue statement or omission which is the basis of the loss, claim, damage, liability or action for which indemnification is sought and a copy of the Official Statement had not been sent or given to such person at or prior to confirmation of such sale to him or her, unless such failure to deliver the Official Statement was a result of noncompliance by the District with Section 1(g), Section 2(h) or Section 2(l) hereof. In case any claim shall be made, or action brought against the Underwriter or any controlling person based upon the Official Statement for which indemnity may be sought against the District, as provided above, the Underwriter shall promptly notify the District in writing setting forth the particulars of such claim or action and the District shall assume the defense thereof, including the retaining of counsel acceptable to the District and the payment of all expenses. The Underwriter or any such controlling person shall have the right to retain separate counsel in any such action but shall bear the fees and expenses of such counsel unless (i) the District shall have specifically authorized the retaining of such counsel or (ii) the parties to such suit include the Underwriter or any controlling person or persons, and the District and the Underwriter or controlling person or persons have been advised by such counsel that one or more legal defenses may be available to it or them which may not be available to the District, in which case the District shall not be entitled to assume the defense of such suit notwithstanding its obligation to bear the fees and expenses of such counsel. 7. Contribution. In order to provide for just and equitable contribution in circumstances in which the indemnification provided for in Section 6 hereof is applicable but for any reason is held to be unavailable from the District, to the extent permitted by law, the District and the Underwriter shall contribute to the aggregate losses, claims, damages and liabilities (including any investigation, legal and other expenses incurred in connection with, and any amount paid in settlement of, any action, suit or proceeding or any claims asserted, but after deducting any contribution received by the District from persons who control the District within the meaning of the federal securities acts, officers of the District who signed the Official Statement, who may also be liable for contribution) to which the District and the Underwriter may be subject in such proportions that the Underwriter is responsible for that portion represented by the percentage that the underwriting discount set forth in the Official Statement bears to the offering price appearing thereon and the District is responsible for the balance; provided, however, that (i) in no case shall the Underwriter be responsible for any amount in excess of the underwriting discount applicable to the Bonds purchased by the Underwriter pursuant to the Bond Purchase Agreement and (ii) no person guilty of fraudulent misrepresentation (within the meaning of section 11(f) of the Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation. For purposes of this Section 7, each person, if any, who controls the Underwriter within the meaning of the federal securities acts, shall have the same rights to contribution as the Underwriter, each person, if any, who controls the District within the meaning of the federal securities acts and each officer of the District who shall have signed the Official Statement shall have the same rights to contribution as the District, subject in each case to clauses (i) and (ii) of this Section 7. Any party entitled to contribution will, promptly after receipt of notice of commencement of any action, suit or proceeding against such party in respect of which a claim for contribution may be made against another party or parties under this Section 7, notify such party or parties from whom contribution may be sought, but the omission to so notify such party from whom contribution may be sought shall not relieve the party or parties from whom contribution may be sought from any other obligation or they may have -15- hereunder or otherwise than under this Section 7. No party shall be liable for contribution with respect to any action or claim settled without its consent. 8. Expenses. All reasonable expenses and costs of the District incident to the performance of its obligations in connection with the authorization, issuance and sale of the Bonds to the Underwriter, including printing costs, fees and expenses of the Trustee, fees and expenses of consultants and reasonable fees and expenses of Bond Counsel, counsel to the District and Disclosure Counsel, shall be paid by the District. All fees and expenses to be paid by the District pursuant to this Bond Purchase Agreement may be paid from Bond proceeds to the extent permitted by the Indenture. All out-of-pocket expenses of the Underwriter, including travel and other expenses, CUSIP Service Bureau charges and California Debt Advisory Commission fees, shall be paid by the Underwriter. 9. Notices. Any notice or other communication to be given to the District under this Bond Purchase Agreement may be given by delivering the same in writing at the District’s address set forth above; any notice or other communication to be given to the Underwriter under this Bond Purchase Agreement may be given by delivering the same in writing to Piper Sandler & Co., 11635 Rosewood Street, Leawood, KS 66211, Attention: Mr. Todd C. Van Deventer, Managing Director. The approval of the Underwriter when required hereunder or the determination of its satisfaction as to any document referred to herein shall be in writing signed by the Underwriter and delivered to the District. 10. Parties in Interest; Survival of Representations and Warranties. This Bond Purchase Agreement is made solely for the benefit of the District and the Underwriter (including the successors or assigns of the Underwriter), and no other person shall acquire or have any right hereunder or by virtue hereof. All the representations, warranties and agreements made by the District in this Bond Purchase Agreement shall remain operative and in full force and effect, regardless of (i) any investigations made by or on behalf of the Underwriter, (ii) delivery of and payment for the Bonds hereunder, and (iii) any termination of this Bond Purchase Agreement. 11. Governing Law. This Bond Purchase Agreement shall be governed by the laws of the State of California. 12. Miscellaneous. The headings of the sections of this Bond Purchase Agreement are inserted for convenience only and shall not be deemed to be part hereof. 13. Counterparts. This Bond Purchase Agreement may be signed in two or more counterparts (including counterparts represented by facsimile copies and/or containing facsimile -16- signatures); all such counterparts, when signed by all parties, shall constitute but one single agreement. Very truly yours, By PIPER SANDLER & CO., as Underwriter By Authorized Officer Accepted and Agreed to: WEST CONTRA COSTA HEALTHCARE DISTRICT By Executive Director Exhibit A Page 1 EXHIBIT A MATURITY SCHEDULE Maturity Principal Interest (July 1) Amount Rate Yield Price REDEMPTION PROVISIONS Optional Redemption. The Bonds maturing on or after July 1, ____, are also subject to redemption prior to their respective stated maturities upon not less than forty-five (45) calendar days prior written notice by the District to the Trustee, from moneys deposited in the Optional Redemption Account or from any other source of available funds, as a whole or in part (in such maturities as are designated by the District, or if the District fails to so designate, in inverse order of maturity, and by lot within a maturity) on any date on or after July 1, ____, at a redemption price equal to the principal amount of Bonds called for redemption, together with accrued interest to the date fixed for redemption, without premium. Mandatory Sinking Fund Redemption. The Bonds maturing on July 1, ____, are also subject to redemption prior to their stated maturity in part, by lot, on July 1, ____, and each July 1 thereafter, to and including July 1, ____, from Mandatory Sinking Account Payments listed below, at the principal amount thereof and interest accrued thereon to the date fixed for redemption, without premium. Mandatory Sinking Mandatory Account Payment Dates Sinking Account (July 1) Payments † Maturity The Bonds maturing on July 1, ____, are also subject to redemption prior to their stated maturity in part, by lot, on July 1, ____, and each July 1 thereafter, to and including July 1, ____, from Mandatory Sinking Account Payments listed below, at the principal amount thereof and interest accrued thereon to the date fixed for redemption, without premium. Exhibit A Page 2 Mandatory Sinking Mandatory Account Payment Dates Sinking Account (July 1) Payments † Maturity Exhibit Page 1 EXHIBIT B FORM OF ISSUE PRICE CERTIFICATE $___________ WEST CONTRA COSTA HEALTHCARE DISTRICT Refunding Revenue Bonds, Series 2021 ISSUE PRICE CERTIFICATE OF UNDERWRITER The undersigned, on behalf of Piper Sandler & Co., as Underwriter, (“Piper”), based on the information available to it, hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations (the “Bonds”). 1. Sale of the General Rule Maturities. As of the date of this certificate, for each Maturity of the General Rule Maturities, the first price at which at least 10% of such Maturity was sold to the Public is the respective price listed in Schedule 1. 2. Initial Offering Price of the Bonds Hold-the-Offering Price Maturities. (a) Piper offered the Hold-the-Offering Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule 1 (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this certificate as Schedule 2. (b) As set forth in the Bond Purchase Agreement, Piper has agreed in writing that, (i) for each Maturity of the Hold-the-Offering Price Maturities, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “hold-the-offering-price rule”), and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any third-party distribution agreement shall contain the agreement of each broker-dealer who is a party to the third-party distribution agreement, to comply with the hold-the-offering-price rule. Pursuant to such agreement, no Underwriter (as defined below) has offered or sold any Maturity of the Hold-the-Offering Price Maturities at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period. 3. Defined Terms. (a) “General Rule Maturities” means, the Maturities of the Bonds listed in Schedule 1 as “General Rule Maturities.” (b) “Hold-the-Offering Price Maturities” means, the Maturities of the Bonds listed in Schedule 1 as “Hold-the-Offering Price Maturities.” (c) “Holding Period” means, for each Maturity of the Bonds, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date, or (ii) the date on which Piper has sold at least 10% of such Maturity of the Bonds to the Public at prices that are no higher than the Initial Offering Price for such Maturity. (d) “Issuer” means the West Contra Costa Healthcare District. (e) “Maturity” means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities. Exhibit Page 2 (f) “Public” means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term “related party” for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. (g) “Sale Date” means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is December __, 2021. (h) “Underwriter” means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead Underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a third-party distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents Piper’s interpretation of any laws, including specifically sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. Accordingly, Piper makes no representation as to the legal sufficiency of the factual matters set forth herein. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the arbitrage certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Quint & Thimmig LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. Except as expressly set forth above, the certifications set forth herein may not be relied upon or used by any third party for any other purpose. Dated: December __, 2021 PIPER SANDLER & CO., as Underwriter By Managing Director Exhibit Page 3 SCHEDULE 1 TO ISSUE PRICE CERTIFICATE SALE PRICES OF THE GENERAL RULE MATURITES AND INITIAL OFFERING PRICES OF THE HOLD-THE-OFFERING-PRICE MATURITIES $___________ WEST CONTRA COSTA HEALTHCARE DISTRICT Refunding Revenue Bonds, Series 2021 Hold-the- General Offering Rule Price Maturity Principal Interest Maturities Maturities (July1) Amount Rate Price c Priced to the 7/1/___, par call date. Exhibit Page 4 SCHEDULE 2 TO ISSUE PRICE CERTIFICATE PRICING WIRE OR EQUIVALENT COMMUNICATION Exhibit C Page 1 EXHIBIT C FORM OF OPINION OF COUNSEL TO THE DISTRICT [Closing Date] Piper Sandler & Co. 11635 Rosewood Street Leawood, KS 66211 Re: $_______West Contra Costa Healthcare District Refunding Revenue Bonds Series 2021 Ladies and Gentlemen: We have served as District Counsel for the West Contra Costa Healthcare District (the “District”) in connection with the issuance of West Contra Costa Healthcare District Refunding Revenue Bonds Series 2021 (the “Bonds”), by the District in the aggregate principal amount of $_________. The Bonds are issued pursuant to the provisions of section 53570 et seq. of the California Government Code and are issued under and secured by an Indenture of Trust, dated as of December 1, 2021 (the “Indenture”), by and between the District and U.S. Bank National Association, as trustee (the “Trustee”). The Bonds are being sold pursuant to a Bond Purchase Agreement, dated December __, 2021 (the “Bond Purchase Agreement”), between the District and Piper Sandler & Co., as underwriter. The proceeds from the sale of the Bonds will be used to provide funds to (i) refund, on a current basis, the outstanding West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2018 (the “2018 Bonds”), and the outstanding West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2019 (the “2019 Bonds” and, with the 2018 Bonds, the “Prior Bonds), and (ii) pay the costs of issuing the Bonds. In connection with this opinion, we have assumed the authenticity of all records, documents, and instruments submitted to us as originals, the genuineness of all signatures, the legal capacity of natural persons and the conformity to the originals of all records, documents, and instruments submitted to us as copies. We also have assumed that there are no facts or circumstances relating to you that might prevent you from enforcing any of the rights to which our opinion relates. We have based our opinion upon our review of the following records, documents and instruments: (a) A copy of the Indenture. (b) A copy of the Bond Purchase Agreement. (c) A copy of the Disclosure Certificate (hereinafter defined). (d) A copy of that certain Escrow Agreement relating to the refunding of the Prior Bonds, to be dated the date hereof (the “Escrow Agreement”), by and between the District and U.S. Bank National Association, as escrow bank (the “Escrow Bank”). Exhibit C Page 2 (e) A copy of the Preliminary Official Statement, dated May 31, 2021 (the “Preliminary Official Statement”) and the Official Statement, dated December __, 2021 (the “Official Statement”) relating to the Bonds. (f) Resolution No. __ (the “Resolution”) adopted by the District authorizing the execution and delivery of the Bonds and the Transaction Documents (hereinafter defined). The documents and instruments listed above are collectively referred to herein as the “Transaction Documents.” Where our opinion relates to our “knowledge,” such knowledge is based upon our examination of the records, documents, instruments, and certificates enumerated or described above and the actual knowledge of attorneys in this firm who are currently involved in substantive legal representation of the District. With your consent, we have not examined any records of any court, administrative tribunal or other similar entity in connection with our opinion. Except as described herein, we have undertaken no investigation or verification of such matters. Based upon the foregoing and our examination of such questions of law as we have deemed necessary or appropriate for the purpose of this opinion, and subject to the limitations and qualifications expressed below, it is our opinion that: (1) The District is a local health care district duly existing under the laws of the State of California, has full legal right, power and authority to enter into the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Certificate, dated December __, 2021 (the “Disclosure Certificate”), the Official Statement and the Escrow Agreement and to carry out and consummate all transactions contemplated by the Indenture, the Bond Purchase Agreement, the Disclosure Certificate, the Official Statement and the Escrow Agreement. (2) The Official Statement has been duly authorized, executed and delivered by the District. (3) The Resolution, approving and authorizing the execution of the Indenture, the Bond Purchase Agreement, the Bonds, the Disclosure Certificate, the Official Statement and the Escrow Agreement was duly adopted at a meeting of the governing body of the District which was called and held pursuant to law and with all public notice required by law and at which a quorum was present and voted. (4) To our knowledge, except for litigation disclosed in the Official Statement, there is no action, suit, proceeding or investigation at law or in equity before or by any court, public board or body pending or threatened against the District to restrain or enjoin the issuance or delivery of the Bonds or the collection of revenues pledged under the Indenture, contesting any authority for the issuance of the Bonds or the validity of the Bonds, the Indenture, the Disclosure Certificate, the Escrow Agreement or the Bond Purchase Agreement, contesting the existence or powers of the District with respect to the issuance of the Bonds or the security therefor wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated by the Official Statement, the Indenture, the Disclosure Certificate, the Bond Purchase Agreement, the Escrow Agreement or the validity of the Bonds. (5) The Bonds, the Indenture, the Official Statement, the Disclosure Certificate, the Bond Purchase Agreement and Escrow Agreement have been duly authorized, executed and delivered by the District and, assuming due authorization, execution and delivery by the other Exhibit C Page 3 parties thereto where applicable, are valid and binding limited obligations of the District enforceable in accordance with their terms. (6) Based upon the information made available to us in the course of our participation in the preparation of the Official Statement as counsel for the District, and without having undertaken to determine independently or assuming any responsibility for the accuracy, completeness or fairness of the statements contained in the Official Statement, to our knowledge the Official Statement (excluding therefrom the financial, statistical and economic data or determinations or forecasts, numbers, charts, tables, graphs, estimates, projections, assumptions and expressions of opinion, and the information about DTC and the book-entry system included in the Official Statement, as to which we express no opinion) contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. This opinion is limited to the federal laws of the United States of America and the laws of the State of California. We disclaim any opinion as to the laws of any other jurisdiction and we further disclaim any opinion as to any statute, rule, regulation, ordinance, order or other promulgation of any regional or local governmental body. This opinion is based upon the law in effect on the date hereof, and we assume no obligations to revise or supplement this opinion should such law be changed by legislative action, judicial decision, or otherwise. In connection with this opinion letter, we also have assumed the following: (a) consideration has been duly given under the Transaction Documents; (b) the District is the legal, beneficial and record owner of the collateral described in any Transaction Documents and the descriptions of collateral in the Transaction Documents sufficiently describe the collateral intended to be covered by such documents; (c) any lien documents are in suitable form, notarized if required, and duly filed or recorded with the appropriate government offices; (d) the Transaction Documents accurately describe the mutual understanding of the parties thereto, and that there are no oral or written statements that modify, amend, or vary, or purport to modify, amend, or vary, any of the terms of the Transaction Documents; (e) the information, factual matters, representations and warranties contained in the Transaction Documents, records, certificates and other documents we have reviewed are true, correct and complete; and (f) the other parties to Transaction Documents have the proper authority to engage in the transactions contemplated thereunder and at all times have complied and will comply with the Transaction Documents and related documents and with all applicable requirements governing their actions and will act in a commercially reasonable manner. In connection with this opinion, we advise you that: A. Enforceability is subject (i) to bankruptcy, insolvency, reorganization, arrangement, moratorium, and other laws of general applicability relating to or affecting creditors’ rights, (ii) to general principles of equity, whether such enforcement is considered in a proceeding in equity or at law, (iii) to limitations imposed by applicable law or public policy on the enforceability of the indemnification provisions, and (iv) to the qualification that certain waivers, procedures, remedies, and other provisions of the Transaction Documents may be unenforceable under or limited by applicable law. B. The enforceability of the Transaction Documents is further subject to the effect of general principles of equity. These principles include, without limitation, concepts of commercial reasonableness, materiality and good faith and fair dealing. These principles require the parties to act reasonably, in good faith and in a manner that is not arbitrary or capricious in the administration and enforcement of the Transaction Documents and will preclude them from invoking penalties for defaults that bear no reasonable relation to the damage suffered or that would otherwise work a forfeiture. Exhibit C Page 4 C. The effectiveness of indemnities, rights of contribution, exculpatory provisions and waivers of the benefits of statutory provisions may be limited on public policy grounds. D. Section 1717 of the California Civil Code provides that, in any action on a contract where the contract specifically provides that attorneys’ fees and costs incurred to enforce that contract shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing in the action, whether that party is the party specified in the contract or not, shall be entitled to reasonable attorneys’ fees in addition to other costs. E. Any provisions of the Transaction Documents requiring that waivers must be in writing may not be binding or enforceable if a non-executory oral agreement has been created modifying any such provision or an implied agreement by trade practice or course of conduct has given rise to a waiver. F. Section 9109(d)17 of the California Uniform Commercial Code (the “Code”) provides that the secured transactions provisions of the Code do not apply to transfers by a government or governmental unit, and, therefore, the rights and remedies of the Trustee under the Transaction Documents which purport to incorporate rights and remedies under the Code may not be enforceable and as such, we express no opinion on such matters. G. Any provisions of the Transaction Documents regarding another party’s right to apply proceeds of fire or other casualty insurance policies or awards of damages in condemnation proceedings against the District’s secured obligations will not be enforceable unless application of such proceeds or damages is reasonably necessary to protect such security interests. H. We assume that in the enforcement of any lien documents, all parties will act in accordance with applicable statutory and other legal requirements, including applicable case law and that enforcement of rights or remedies thereunder may be limited when imposing fees and charges in the event of default, upon acceleration of the District’s obligations for transfers of interests, leases, or grants of junior encumbrances, attempting to secure a deficiency claim before exhausting the secured property or other remedies, among other things. I. We have further relied on certain representations, warranties and covenants of the District in the Transaction Documents. Any variations may affect the opinions we are giving. J. In connection with our opinion, we have not reviewed and express no opinion on (i) financial statements or covenants, financial or audit reports or the consents related thereto or similar provisions requiring financial calculations or determinations, (ii) provisions relating to the occurrence of a “material adverse effect” or similar words, or (iii) parol evidence bearing on interpretation or construction. We express no opinion as to: (a) the priority of any lien or security interest created, or purported to be created, by any of the Transaction Documents or the enforceability of any lien in the real property of the District; (b) any securities, tax, anti-trust, land use, export, safety, environmental, hazardous materials, choice of law, insurance company or banking laws, rules or regulations; (c) applicable interest rate limitations of California law for loans or forbearances; or (d) the effect on the District’s obligations, and any other party’s rights, under the Transaction Documents of laws relating to fraudulent transfers and fraudulent obligations set forth in sections 544 and 548 of the federal Bankruptcy Code and sections 3439 et seq. of the California Civil Code. In rendering our opinion, we are expressing no opinion on the validity of the Bonds. Exhibit C Page 5 We furnish this opinion as counsel to the District and only the addressee and Quint & Thimmig LLP may rely upon it. This letter shall not be used, quoted, distributed, circulated or relied upon by any other person or entity for any purpose, without our prior written consent. Respectfully submitted, Exhibit D Page 1 EXHIBIT D LIEN OPINION [Closing Date] West Contra Costa Healthcare District 651 Pine Street Martinez, CA 94553 Piper Sandler & Co. 11635 Rosewood Street Leawood, KS 66211 Re: West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Ladies and Gentlemen: We have acted as special counsel to the West Contra Costa Healthcare District (the “District”) in connection with the issuance by the District of its Refunding Revenue Bonds, Series 2021 (the “Bonds”), pursuant to that certain Indenture, dated as of November 1, 2018, by and between the District and U.S. Bank National Association, as trustee. As used herein, “Parcel Tax Revenues” means all of the revenues generated from parcel taxes levied pursuant to Measure D, approved by the voters of the District at the special election held on June 8, 2004, as described in section 5451.5 of the California Government Code. A. Opinion Requested You have requested our opinion as to whether, if the District were to become the debtor in a case under the United States Bankruptcy Code (Title 11, U.S.C.) (the “Bankruptcy Code”) commenced after the date hereof, the court would hold that the lien described in section 5451.5 of the California Government Code on Parcel Tax Revenues is a “statutory lien” within the meaning of section 101(53) of the Bankruptcy Code, so that section 552(a) of the Bankruptcy Code would not in and of itself cause Parcel Tax Revenues acquired by the District after the commencement of such case to not be subject to such lien. Our opinion is based solely upon our examination of such matters of law as we have deemed necessary for purposes of rendering such opinion. We have not made any investigation of any factual matter. B. Analysis 1. Statutory Lien Section 5451.5 of the California Government Code provides that: (a) All obligations of the West Contra Costa Healthcare District in connection with any and all certificates of participation executed and delivered by or on behalf of the district between June 8, 2004, and December 31, 2012, including Exhibit D Page 2 certificates of participation executed and delivered before January 1, 2035, to refund those certificates of participation, shall be secured by a statutory lien on all of the revenues generated from parcel taxes levied pursuant to Measure D, approved by the voters of the district at the special election held on June 8, 2004. (b) This lien shall arise automatically without the need for any action or authorization by the district or the board of directors of the district. The lien shall be valid and binding from the time the certificates of participation are executed and delivered. (c) The parcel tax revenue shall immediately be subject to this lien, and the lien shall immediately attach to the parcel tax revenue and be effective, binding, and enforceable against the district, its successors, purchasers of those revenues, creditors, and all others asserting rights therein, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing, or further act. Section 101(37) of the Bankruptcy Code states that “[t]he term ‘lien’ means charge against or interest in property to secure payment of a debt or performance of an obligation.” Section 101(53) provides that: The term “statutory lien” means lien arising solely by force of a statute on specified circumstances or conditions, or lien of distress for rent, whether or not statutory, but does not include security interest or judicial lien, whether or not such interest or lien is provided by or is dependent on a statute and whether or not such interest or lien is made fully effective by statute. Section 101(36) states that “[t]he term ‘judicial lien’ means lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” Section 101(51) provides that “[t]he term ‘security interest’ means lien created by an agreement.” A leading bankruptcy commentator summarizes the effect of these definitions: “If the lien arises by force of statute, without any prior consent between the parties or judicial action, it will be deemed a statutory lien.” 2 Collier on Bankruptcy ¶ 101.53 at 101-206 (16th ed. 2011). This summary is confirmed by the legislative history for Section 101: Paragraph (27) defines “lien.” The definition is new and is very broad. A lien is defined as a charge against or interest in property to secure payment of a debt or performance of an obligation. It includes inchoate liens. In general, the concept of lien is divided into three kinds of liens: judicial liens, security interests, and statutory liens. Those three categories are mutually exclusive and are exhaustive except for certain common law liens. Paragraphs (35) and (36) define “security agreements” and “security interest.” A security interest is one of the kinds of liens. It is a lien created by an agreement. Security agreement is defined as the agreement creating the security interest. Exhibit D Page 3 Paragraph (37) defines another kind of lien, “statutory lien.” The definition, derived from current law, states that a statutory lien is a lien arising solely by force of statute on specified circumstances or conditions, and includes a lien of distress for rent (whether statutory, common law, or otherwise). The definition excludes judicial liens and security interests, whether or not they are provided for or are dependent on a statute, and whether or not they are made fully effective by statute. A statutory lien is the only one that arises automatically, and is not based on an agreement to give a lien or on judicial action. Mechanics’, materialmen’s and warehousemen’s liens are examples. Tax liens are also included in the definition of statutory lien. H.R. Rpt. No. 95-595 at 312, 314 (1977). To the same effect is S. Rpt. 95-989 at 25-27 (1978). In the words of the legislative history, a statutory lien is only one that arises automatically, and is not based on an agreement to give a lien or on judicial action. There are few bankruptcy cases considering the difference between a statutory lien and a security interest in the context of a financing. There are even fewer cases considering this question in the context of a municipal bankruptcy under Chapter 9 of the Bankruptcy Code. The issue was, however, litigated in the bankruptcy of Orange County. The Bankruptcy Court in the bankruptcy of Orange County held that certain secured notes issued by Orange County pursuant to sections 53852 and 53856 of the California Government Code were not secured by a statutory lien: “The lien is not statutory because it does not arise solely by force of the statute. The County had to decide to pledge its revenues and designate the specific revenues that would secure the [notes].” In re County of Orange, 179 B.R. 185, 194 (Bankr. C.D. Cal. 1995). On appeal, the District Court reversed. In re County of Orange, 189 B.R. 499 (C.D. Cal. 1995). The District Court noted that “[t]he difference between statutory liens and security interests is sometimes obscure.” 189 B.R. at 502. The District Court concluded, however, that the lien under consideration was a statutory lien: “Section 53856 permits the County to decide whether to pledge, and what to pledge. But the statute itself imposes the pledge, without further action by the County. The County has no choice of the type of lien or its terms.” 189 B.R. at 503. The decision of the District Court was appealed to the United States Court of Appeals for the Ninth Circuit, but the parties settled while the appeal was pending. Thus, it difficult to regard the legal issues as having been definitively resolved in the Orange County litigation. Section 5451.5 of the California Government Code does not permit the District to choose whether to pledge or what to pledge. Instead it provides that all obligations of the District in connection with specified certificates of participation shall be secured by a lien on the Parcel Tax Revenues. This lien arises regardless of the terms of any agreement that the District may enter into. 2. Section 552(a) Section 552(a) of the Bankruptcy Code provides that: Except as provided in subsection (b) of this section, property acquired by the estate or by the debtor after the commencement of the case is not subject to any lien resulting Exhibit D Page 4 from any security agreement entered into by the debtor before the commencement of the case. Section 101(50) states that “[t]he term ‘security agreement’ means agreement that creates or provides for a security interest.” The legislative history to section 101(50) notes that “[s]ecurity agreement is defined as the agreement creating the security interest.” H.R. Rpt. No. 95-595 at 314 (1977). To the same effect is S. Rpt. 95-989 at 26 (1978). A leading bankruptcy commentator summarizes the effect of section 552(a) as follows: “Because it is grounded in the Bankruptcy Code’s definition of ‘security interest,’ found in section 101, subsection (a) is confined to consensual liens and does not extend to nonconsensual or statutory liens.” 5 Collier on Bankruptcy ¶ 552.01[2] at 552-5 (16th ed. 2011) (citing United States v. Ron Pair Enterprises, Inc., 489 U.S. 235, 242 n. 5 (1989)). Both the Bankruptcy Court and the District Court in the Orange County bankruptcy agreed that section 552(a) applies only to consensual liens and thus that if the lien under consideration were a statutory lien, then section 552(a) would have no effect on it. “Section 552(a), therefore, only applies to liens created by a security agreement and not to other types of liens.” 179 B.R. at 192 (footnote omitted). “By its terms, section 552(a) only applies to liens resulting from security agreements, not other types of liens such as statutory liens.” 189 B.R. at 502. C. Opinions Based on and subject to the foregoing, as well as the limitations set forth below and the further qualification that there is no case directly on point, it is our opinion that, if the District were to become a debtor in a case under the Bankruptcy Code commenced after the date hereof, and the matter were properly briefed and presented to a federal court with jurisdiction over such bankruptcy case, the court, exercising reasonable judgment after full consideration of all relevant factors, would hold that the lien described in section 5451.5 of the California Government Code on Parcel Tax Revenues is a “statutory lien’’ within the meaning of section 101(53) of the Bankruptcy Code, so that section 552(a) of the Bankruptcy Code would not in and of itself cause Parcel Tax Revenues acquired by the District after the commencement of such case to not be subject to such lien. It is our opinion that, notwithstanding the phrase “including certificates of participation executed and delivered before January 1, 2035, to refund [the District’s 2004 and 2011 Certificates of Participation]” [emphasis added], the intent of such phrase was not to limit the ability to issue other obligations, such as the Bonds, but was merely using the same term as the obligations it permitted to be refunded. D. Exceptions and Limitations We express no opinion as (a) to any matter not governed by the Bankruptcy Code, or any matter governed by any provision of the Bankruptcy Code other than sections 101 and 552(a), any lien other than the lien described in section 5451.5 of the California Government Code, any collateral other than the Parcel Tax Revenues, or (d) any obligations other than the obligations of the District in connection with the Bonds. Without limiting the generality of the foregoing, we express no opinion as to the scope or applicability of the automatic stay of sections 362 and 922 of the Bankruptcy Code. We also express no opinion as to whether the District is eligible to be a debtor in a case under the Bankruptcy Code. See generally 11 U.S.C. § 109(c); Cal. Govt. Code § 53760; Chapter 675 of the California Statutes of 2011. We express no opinion as to any matter arising in the District’s recent bankruptcy case. Exhibit D Page 5 It is commonly understood, without any express statement, that opinion letters are necessarily technical and are informed by customary practice and usage. Thus, this opinion letter should not be used or relied on except in consultation with counsel. In particular, it is understood that an opinion letter is not a guaranty of an outcome but rather only an expression of professional judgment and that, in an actual case, a court could reach a different conclusion. Opinions on bankruptcy or other insolvency matters, moreover, are understood to have additional inherent limitations that do not exist in other legal opinions. These limitations arise, for instance, from the expansive equitable powers that courts can exercise in bankruptcy or other insolvency proceedings. See, e.g., United States v. Energy Resources Co., 495 U.S. 545, 549 (1990) (recognizing “the traditional understanding that bankruptcy courts, as courts of equity, have broad authority to modify creditor-debtor relationships”); Pepper v. Litton, 308 U.S. 295, 304-05 (1939) (highlighting that equitable powers have been employed in bankruptcy “to the end that fraud will not prevail, that substance will not give way to form, that technical considerations will not prevent substantial justice from being done”); SEC v. Great White Marine & Recreation, Inc., 428 F.3d 553, 556 (5th Cir. 2005) (confirming that a district court “has broad powers and wide discretion in equitable distributions,” including the authority to alter the priority of claims). These limitations may apply with greater force in the case of a municipal bankruptcy under Chapter 9 of the Bankruptcy Code than in a bankruptcy case under Chapter 7 or Chapter 11 because of the scarcity of reported decisions under Chapter 9, the relative infrequency of Chapter 9 cases, and the substantial deference that a court may accord to the need of a governmental entity to protect the public health, safety, and welfare. Especially because of the fundamental nature of the bankruptcy and insolvency processes, the risk of uncertain outcomes in actual cases cannot be eliminated even when an opinion letter is rendered. We express no view as to whether this opinion letter is suitable for your purposes. This opinion letter speaks only as of its date. We have no obligation to update this opinion letter for any change in the law or the facts. This opinion letter may be relied upon solely by the addressee listed on the first page for use in connection with the transactions described in the first paragraph. No one else may rely upon this opinion letter or the opinions expressed herein without our prior written consent. Very truly yours, Quint & Thimmig LLP 09/13/21 09/22/21 10/19/21 23018.06 CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the “Disclosure Certificate”) is executed and delivered by the WEST CONTRA COSTA HEALTHCARE DISTRICT (the “District”) in connection with the issuance by the District of its $_________ West Contra Costa Healthcare District (Contra Costa County, California) Refunding Revenue Bonds, Series 2021 (the “Bonds”). The Bonds are being issued pursuant to an indenture of trust, dated as of December 1, 2021, by and between the District and U.S. Bank National Association, as trustee (the “Indenture”). The District covenants and agrees as follows: Section 1. Definitions. In addition to the definitions set forth above and in the Indenture which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section 1, the following capitalized terms shall have the following meanings: “Annual Report” means any Annual Report provided by the District pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. “Annual Report Date” means the date that is nine months after the end of the District’s Fiscal Year (currently March 31 based on the District’s Fiscal Year end of June 30). “Dissemination Agent” shall mean, initially, ___________, or any successor Dissemination Agent designated in writing by the District and which has been filed with the then current Dissemination Agent a written acceptance of such designation. “Fiscal Year” means any twelve–month period beginning on July 1 in any year and extending to the next succeeding June 30, both dates inclusive, or any other twelve–month period selected and designated by the District as its official Fiscal Year period under a Certificate of the District filed with the Trustee. “MSRB” means the Municipal Securities Rulemaking Board, which has been designated by the Securities and Exchange Commission as the sole repository of disclosure information for purposes of the Rule, or any other repository of disclosure information that may be designated by the Securities and Exchange Commission as such for purposes of the Rule in the future. “Official Statement” means the final official statement executed by the District in connection with the issuance of the Bonds. “Participating Underwriter” means Piper Sandler & Co., the original underwriters of the Bonds. “Rule” means Rule 15c2–12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as it may be amended from time to time. “Significant Events” means any of the events listed in Section 5(a) of this Disclosure Certificate. -2- Section 2. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the District for the benefit of the holders and beneficial owners of the Bonds and in order to assist the Participating Underwriter in complying with the Rule. Section 3. Provision of Annual Reports. (a) The District shall, or shall cause the Dissemination Agent to, not later than the Annual Report Date, commencing March 31, 2022, with the report for Fiscal Year 2020-21 provide to the MSRB, in an electronic format as prescribed by the MSRB, an Annual Report that is consistent with the requirements of Section 4 of this Disclosure Certificate. Not later than 15 business days prior to the Annual Report Date, the District shall provide the Annual Report to the Dissemination Agent (if other than the District). If by 15 business days prior to the Annual Report Date the Dissemination Agent (if other than the District) has not received a copy of the Annual Report, the Dissemination Agent shall contact the District to determine if the District is in compliance with the previous sentence. The Annual Report may be submitted as a single document or as separate documents comprising a package and may include by reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the District may be submitted separately from the balance of the Annual Report, and later than the Annual Report Date, if not available by that date. If the District’s Fiscal Year changes, it shall give notice of such change in the same manner as for a Significant Event under Section 5(c). The District shall provide a written certification with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished by the District hereunder. (b) If the District does not provide (or cause the Dissemination Agent to provide) an Annual Report by the Annual Report Date, the District in a timely manner shall provide (or cause the Dissemination Agent to provide) to the MSRB, in an electronic format as prescribed by the MSRB, a notice in substantially the form attached as Exhibit A. (c) With respect to each Annual Report, the Dissemination Agent shall: (i) determine each year prior to the Annual Report Date the then–applicable rules and electronic format prescribed by the MSRB for the filing of annual continuing disclosure reports; and (ii) if the Dissemination Agent is other than the District, file a report with the District certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, and stating the date it was provided. Section 4. Content of Annual Reports. The District’s Annual Report shall contain or incorporate by reference the following: (a) The District’s audited financial statements for the prior Fiscal Year prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the District’s audited financial statements are not available by the Annual Report Date, the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) Unless otherwise provided in the audited financial statements filed on or prior to the Annual Report Date, financial information and operating data with respect to the District for the preceding Fiscal Year, substantially similar to that provided in the Official Statement, as follows: -3- (i) The current year assessed valuation of real property within the District; (ii) Levy, receipts and delinquency of the previous fiscal year Parcel Tax Revenues and ad valorem taxes for the preceding Fiscal Year of the District; and (iii) The District’s annual operating budget. (c) In addition to any of the information expressly required to be provided under this Disclosure Certificate, the District shall provide such further material information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading. (d) Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the District or related public entities, which are available to the public on the MSRB’s Internet web site or filed with the Securities and Exchange Commission. The District shall clearly identify each such other document so included by reference. Section 5. Reporting of Significant Events. (a) The District shall give, or cause to be given, notice of the occurrence of any of the following Significant Events with respect to the Bonds: (i) Principal and interest payment delinquencies; (ii) Non–payment related defaults, if material; (iii) Unscheduled draws on debt service reserves reflecting financial difficulties; (iv) Unscheduled draws on credit enhancements reflecting financial difficulties; (v) Substitution of credit or liquidity providers, or their failure to perform; (vi) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701– TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; (vii) Modifications to rights of security holders, if material; (viii) Bond calls, if material, and tender offers; (ix) Defeasances; (x) Release, substitution, or sale of property securing repayment of the securities, if material; (xi) Rating changes; (xii) Bankruptcy, insolvency, receivership or similar event of the District or other obligated person; -4- (xiii) The consummation of a merger, consolidation, or acquisition involving the District or an obligated person, or the sale of all or substantially all of the assets of the District or an obligated person (other than in the ordinary course of business), the entry into a definitive agreement to undertake such an action, or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (xiv) Appointment of a successor or additional trustee or paying agent with respect to the Bonds or the change of name of a trustee or paying agent, if material; (xv) The incurrence of a financial obligation of the District or other obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the District or other obligated person, any of which affect security holders, if material; or (xvi) A default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the District or other obligated person, any of which reflect financial difficulties. (b) Whenever the District obtains knowledge of the occurrence of a Significant Event, the District shall, or shall cause the Dissemination Agent (if not the District) to, file a notice of such occurrence with the MSRB, in an electronic format as prescribed by the MSRB, in a timely manner not in excess of 10 business days after the occurrence of the Significant Event. Notwithstanding the foregoing, notice of Significant Events described in subsection (a)(viii) above need not be given under this subsection any earlier than the notice (if any) of the underlying event given to holders of affected Bonds. (c) The District acknowledges that the events described in subparagraphs (a)(ii), (a)(vii), (a)(viii) (if the event is a bond call), (a)(x), (a)(xiii), (a)(xiv) and (a) (xv) of this Section 5 contain the qualifier “if material.” The District shall cause a notice to be filed as set forth in paragraph (b) above with respect to any such event only to the extent that the District determines the event’s occurrence is material for purposes of U.S. federal securities law. The District intends that the words used in paragraphs (xv) and (xvi) and the definition of “financial obligation” to have the meanings ascribed thereto in SEC Release No. 34-83885 (August 20, 2018). (d) For purposes of this Disclosure Certificate, any event described in paragraph (a)(xii) above is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the District in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the District, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the District. Section 6. Identifying Information for Filings with the MSRB. All documents provided to the MSRB under this Disclosure Certificate shall be accompanied by identifying information as prescribed by the MSRB. Section 7. Termination of Reporting Obligation. The District’s obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the -5- District shall give notice of such termination in the same manner as for a Significant Event under Section 5(b). Section 8. Dissemination Agent. The District may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any Dissemination Agent, with or without appointing a successor Dissemination Agent. Any Dissemination Agent may resign by providing 30 days’ written notice to the District. Section 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the District may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) if the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of an obligated person with respect to the Bonds, or type of business conducted; (b) the undertakings herein, as proposed to be amended or waived, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the primary offering of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) the proposed amendment does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the holders or beneficial owners of the Bonds. If the annual financial information or operating data to be provided in the Annual Report is amended pursuant to the provisions hereof, the first annual financial information filed pursuant hereto containing the amended operating data or financial information shall explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided. If an amendment is made to the undertaking specifying the accounting principles to be followed in preparing financial statements, the annual financial information for the year in which the change is made shall present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison shall include a qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles on the presentation of the financial information, in order to provide information to investors to enable them to evaluate the ability of the District to meet its obligations. To the extent reasonably feasible, the comparison shall also be quantitative. The Dissemination Agent shall not be obligated to enter into any amendment increasing or affecting its duties or obligations hereunder. A notice of any amendment made pursuant to this Section 9 shall be filed in the same manner as for a Significant Event under Section 5(c). Section 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the District from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Significant Event, in addition to that which is required by this Disclosure Certificate. If the District chooses -6- to include any information in any Annual Report or notice of occurrence of a Significant Event in addition to that which is specifically required by this Disclosure Certificate, the District shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Significant Event. Section 11. Default. If the District fails to comply with any provision of this Disclosure Certificate, the Participating Underwriter or any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure Certificate in the event of any failure of the District to comply with this Disclosure Certificate shall be an action to compel performance. Section 12. Duties, Immunities and Liabilities of Dissemination Agent. (a) The Dissemination Agent shall be entitled to the protections and limitations from liability afforded to the Paying Agent thereunder. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the District agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which they may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys’ fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent’s negligence or willful misconduct. The Dissemination Agent shall have no duty or obligation to review any information provided to it by the District hereunder and shall not be deemed to be acting in any fiduciary capacity for the District, the Bond holders or any other party. The Dissemination acts hereunder solely for the benefit of the District and this Disclosure Certificate shall confer no duties on the Dissemination Agent to the Participating Underwriter or the holders or beneficial owners of the Bonds. The obligations of the District under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. (b) The Dissemination Agent shall be paid compensation by the District for its services provided hereunder in accordance with its schedule of fees as amended from time to time, and shall be reimbursed for all expenses, legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. Section 13. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the District, the Dissemination Agent, the Participating Underwriter and the holders and beneficial owners from time to time of the Bonds and shall create no rights in any other person or entity. -7- Section 14. Counterparts. This Disclosure Certificate may be executed in several counterparts, each of which shall be regarded as an original, and all of which shall constitute one and the same instrument. Date: December __, 2021 WEST CONTRA COSTA HEALTHCARE DISTRICT By Chief Executive Officer ACKNOWLEDGED: ____________-, as Dissemination Agent By Authorized Officer Exhibit A EXHIBIT A NOTICE TO EMMA OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: West Contra Costa Healthcare District Name of Issue: $_________ West Contra Costa Healthcare District (Contra Costa County, California) Refunding Revenue Bonds, Series 2021 Date of Issuance: December __, 2021 NOTICE IS HEREBY GIVEN that the Obligor has not provided an Annual Report with respect to the above-named Issue as required by the Continuing Disclosure Certificate, dated December __, 2021, furnished by the Issuer in connection with the Issue. The Issuer anticipates that the Annual Report will be filed by _____________. Dated: ______________________ _____________, as Dissemination Agent By Title cc: Trustee Quint & Thimmig LLP 09/13/21 09/22/21 10/19/21 23018.06 ESCROW AGREEMENT by and between the WEST CONTRA COSTA HEALTHCARE DISTRICT and U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank Dated December __, 2021 Relating to the current refunding of the West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2018 and the West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2019 ESCROW AGREEMENT This ESCROW AGREEMENT is dated December __, 2021, by and between the WEST CONTRA COSTA HEALTHCARE DISTRICT, a local healthcare district organized and existing under the constitution and laws of the State of California (the “District”), and U.S. BANK NATIONAL ASSSOCIATION, a national banking association organized and existing under the laws of the United States of America, as escrow agent (the “Escrow Bank”); WITNESSETH: WHEREAS, the District has heretofore issued its West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2018 (the “2018 Bonds”), of which $10,249,000 is currently outstanding; WHEREAS, the 2018 Bonds were issued pursuant to the terms of an indenture, dated as of April 1, 2018 (the “2018 Indenture”), by and between the District and U.S. Bank National Association, as trustee (the “Trustee”); WHEREAS, the District has also heretofore issued its West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2019 (the “2019 Bonds” and, with the 2018 Bonds, the “Prior Bonds”), of which $40,289,000 is currently outstanding; WHEREAS, the 2019 Bonds were issued pursuant to the terms of an indenture, dated as of June 1, 2019 (the “2019 Indenture”), by and between the District and the Trustee; WHEREAS, the District’s obligation to pay the principal of and interest on the Prior Bonds is secured by a first and prior lien on the revenues derived by the District from an annual special parcel tax on each taxable parcel of real property within the District (exclusive of parcels for which exemptions have been granted, approved by approximately 84% of the voters of the District at a special election held on June 8, 2011); WHEREAS, Articles 10 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 (commencing with section 53570) of the California Government Code (the “Refunding Bond Law”) authorizes the District to issue refunding bonds for the purpose of refunding obligations of the District; WHEREAS, the District has determined that, as a result of favorable financial market conditions and for other reasons, it is in the best interests of the District at this time to provide for the redemption of all outstanding Prior Bonds on January 1, 2022, at a redemption price equal to 100% of the principal amount thereof, and to that end, the District proposes to issue its $________ West Contra Costa Healthcare District (Contra Costa County, California) Refunding Revenue Bonds, Series 2021 (the “2021 Bonds”), pursuant to an indenture of trust, dated as of December 1, 2021 (the “2021 Indenture”), by and between the District and the Trustee; WHEREAS, the District proposes to appoint the Escrow Bank as its agent for the purpose of providing for the redemption of the Prior Bonds and the Escrow Bank desires to accept said appointment; and WHEREAS, the Escrow Bank has full powers to perform the duties and obligations to be undertaken pursuant to this Escrow Agreement. -2- NOW, THEREFORE, in consideration of the above premises and of the mutual promises and covenants herein contained and for other valuable consideration, the parties hereto do hereby agree as follows: Section 1. Definitions. Capitalized terms used, but not otherwise defined, herein, shall have the meanings ascribed thereto in the Indenture. Section 2. Appointment of Escrow Bank. The District hereby appoints the Escrow Bank as escrow agent for all purposes of this Escrow Agreement and in accordance with the terms and provisions of this Escrow Agreement, and the Escrow Bank hereby accepts such appointment. Section 3. Establishment of Escrow Fund. There is hereby created by the District with, and to be held by, the Escrow Bank, as security for the payment of the principal and interest on and redemption price of the Prior Bonds as hereinafter set forth, an irrevocable escrow to be maintained by the Escrow Bank on behalf of the District and for the benefit of the owners of the Prior Bonds, said escrow to be designated the “Escrow Fund.” All moneys deposited in the Escrow Fund shall be held as a special fund to provide for the redemption of all outstanding Prior Bonds on January 1, 2022 (the “Redemption Date”), at a redemption price equal to 100% of the principal amount thereof together with accrued interest to the Redemption Date (the “Redemption Price”) in accordance with the provisions of this Escrow Agreement. Section 4. Deposit into Escrow Fund; Investment of Amounts. (a) Concurrently with delivery of the 2021 Bonds, the District shall cause to be transferred to the Escrow Bank for deposit into the Escrow Fund the amount of $____________ in immediately available funds, derived from the proceeds of sale of the 2021 Bonds. (b) The Escrow Bank shall invest $___________ of the moneys deposited into the Escrow Fund pursuant to the preceding paragraph in the securities set forth in Exhibit A attached hereto and by this reference incorporated herein (the “Escrowed Federal Securities”) and shall hold the remaining $_________ in cash, uninvested. The Escrowed Federal Securities and such cash shall be deposited with and held by the Escrow Bank in the Escrow Fund solely for the uses and purposes set forth herein. If the Escrow Bank learns that the Department of the Treasury or the Bureau of Public Debt will not, for any reason, accept a SLGS subscription, the Escrow Bank shall promptly request alternative written investment instructions from the District with respect to escrowed funds which were to be invested in the Escrowed Federal Securities. The Escrow Bank shall follow such instructions and, upon the maturity of any such alternative investment, the Escrow Bank shall hold funds uninvested and without liability for interest until receipt of further written instructions from the District. In the absence of investment instructions from the District the Escrow Bank shall not be responsible for the investment of such funds or interest thereon. The Escrow Bank may conclusively rely upon the District selection of an alternative investment as a determination of the alternative investment's legality and suitability and shall not be liable for any losses related to the alternative investments or for compliance with any yield restriction applicable thereto. (c) The Escrow Bank may rely upon the conclusion of Robert Thomas, CPA, LLC, as contained in its opinion and accompanying schedules (the “Report”) dated December __, 2021, that the Escrowed Federal Securities mature and bear interest payable in such amounts and at such times as, together with cash on deposit in the Escrow Fund, will be sufficient to redeem the outstanding Prior Bonds in full on the Redemption Date at the Redemption Price. -3- (d) The Escrow Bank shall not be liable or responsible for any loss resulting from its full compliance with the provisions of this Escrow Agreement. (e) Any money left on deposit in the Escrow Fund after payment in full of the Prior Bonds, and the payment of all amounts due to the Escrow Bank hereunder, shall be applied to the payment of debt service on the 2021 Bonds. (f) If at any time the Escrow Bank shall receive actual knowledge that the moneys in the Escrow Fund will not be sufficient to make any payment required hereunder, the Escrow Bank shall notify the District of such fact and the District shall immediately cure such deficiency. The Escrow Bank shall have no liability or responsibility for such insufficiency. Section 5. Instructions as to Application of Deposit. (a) The moneys deposited in the Escrow Fund pursuant to Section 4 shall be applied by the Escrow Bank for the sole purpose of redeeming the outstanding Prior Bonds in full on the Redemption Date at the Redemption Price, as set forth in Exhibit B attached hereto and by this reference incorporated herein. (b) The Escrow Bank, in its capacity as trustee for the Prior Bonds, is hereby requested, and the Escrow Bank, in its capacity as trustee for the Prior Bonds, hereby agrees to give timely notice of the defeasance of the Prior Bonds in the form of defeasance notice attached hereto as Exhibit C. (c) The Escrow Bank, in its capacity as trustee for the Prior Bonds, is hereby requested, and the Escrow Bank, in its capacity as trustee for the Prior Bonds, hereby agrees to give timely notice of the redemption of the Prior Bonds in the form of redemption notice attached hereto as Exhibit D. Section 6. Investment of Any Remaining Moneys. The Escrow Bank shall invest and reinvest the proceeds received from any of the Escrowed Federal Securities, and the cash originally deposited into the Escrow Fund, for a period ending not later than the next succeeding interest payment date relating to the Prior Bonds, in Defeasance Obligations pursuant to written directions of the District; provided, however, that (a) such written directions of the District shall be accompanied by (i) a certification of an independent certified public accountant or firm of certified public accountants of favorable national reputation experienced in the refunding of obligations of political subdivisions that the Escrowed Federal Securities then to be so deposited in the Escrow Fund, together with the cash then on deposit in the Escrow Fund, together with the interest to be derived therefrom, shall be in an amount at all times at least sufficient to make the payments specified in Section 5 hereof, and (ii) an opinion of nationally recognized bond counsel (“Bond Counsel”) that investment in accordance with such directions will not affect, for Federal income tax purposes, the exclusion from gross income of interest due with respect to the Prior Bonds, and (b) if the District directs such investment or reinvestment to be made in United States Treasury Securities-State and Local Government Series, the District shall, at its cost, cause to be prepared all necessary subscription forms therefor in sufficient time to enable the Escrow Bank to acquire such securities. In the event that the District shall fail to file any such written directions with the Escrow Bank concerning the reinvestment of any such proceeds, such proceeds shall be held uninvested by the Escrow Bank. Any interest income resulting from investment or reinvestment of moneys pursuant to this Section 6 and not required for the purposes set forth in Section 5, as indicated by such verification, shall, promptly upon the receipt of such interest income by the Escrow Bank, be paid to the District and shall be applied to the payment of debt service on the 2021 Bonds. -4- Section 7. Substitution or Withdrawal of Federal Securities. The District may, at any time, direct the Escrow Bank in writing to substitute Defeasance Obligations for any or all of the Escrowed Federal Securities then deposited in the Escrow Fund, or to withdraw and transfer to the District any portion of the Escrowed Federal Securities then deposited in the Escrow Fund, provided that any such direction and substitution or withdrawal shall be simultaneous and shall be accompanied by (a) a certification of an independent certified public accountant or firm of certified public accountants of favorable national reputation experienced in the refunding of obligations of political subdivisions that the Defeasance Obligations then to be so deposited in the Escrow Fund together with interest to be derived therefrom, or in the case of withdrawal, the Escrowed Federal Securities to be remaining in the Escrow Fund following such withdrawal together with the interest to be derived therefrom, together with the cash then on deposit in the Escrow Fund, shall be in an amount at all times at least sufficient to make the payments specified in Section 5 hereof; and (b) an opinion of Bond Counsel that the substitution or withdrawal will not affect, for Federal income tax purposes, the exclusion from gross income of interest on the Prior Bonds. In the event that, following any such substitution of Escrowed Federal Securities pursuant to this Section 7, there is an amount of moneys or Escrowed Federal Securities in excess of an amount sufficient to make the payments required by Section 5 hereof, as indicated by such verification, such excess shall be paid to the District and shall be applied to the payment of debt service on the 2021 Bonds. Section 8. Application of Prior Bond Funds. Any amounts remaining in any fund or account created with respect to the Prior Bonds shall, after payment of all fees and expenses of the Trustee, be paid to the Trustee and shall be applied to the payment of debt service on the 2021 Bonds. Section 9. Application of Certain Terms of 2018 Indenture and the 2019 Indenture. All of the terms of the 2018 Indenture and the 2019 Indenture relating to the making of payments of principal and interest with respect to the Prior Bonds are incorporated in this Escrow Agreement as if set forth in full herein. The provisions of the 2018 Indenture and the 2019 Indenture relating to the limitations from liability and protections afforded the Trustee and the resignation and removal of the Trustee are also incorporated in this Escrow Agreement as if set forth in full herein and shall be the procedure to be followed with respect to any resignation or removal of the Escrow Bank hereunder. Section 10. Compensation to Escrow Bank. The District shall pay the Escrow Bank full compensation for its duties under this Escrow Agreement, including out-of-pocket costs such as publication costs, prepayment or redemption expenses, legal fees and other costs and expenses relating hereto. Under no circumstances shall amounts deposited in the Escrow Fund be deemed to be available for said purposes. Section 11. Liabilities and Obligations of Escrow Bank. The Escrow Bank shall have no obligation to make any payment or disbursement of any type or incur any financial liability in the performance of its duties under this Escrow Agreement unless the District shall have deposited sufficient funds with the Escrow Bank. The Escrow Bank may rely and shall be protected in acting upon the written instructions of the District or its agents relating to any matter or action as Escrow Bank under this Escrow Agreement. The Escrow Bank and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the acceptance of the moneys deposited therein, the sufficiency of the uninvested moneys held hereunder to accomplish the purposes set forth in Section 4 hereof, or any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow -5- Agreement or by reason of any non-negligent act, non-negligent omission or non-negligent error of the Escrow Bank made in good faith in the conduct of its duties. The recitals of fact contained in the “whereas” clauses herein shall be taken as the statement of the District, and the Escrow Bank assumes no responsibility for the correctness thereof. The Escrow Bank makes no representations as to the sufficiency of the uninvested moneys to accomplish the purposes set forth in Section 4 hereof or to the validity of this Escrow Agreement as to the District and, except as otherwise provided herein, the Escrow Bank shall incur no liability in respect thereof. The Escrow Bank shall not be liable in connection with the performance of its duties under this Escrow Agreement except for its own negligence, willful misconduct or default, and the duties and obligations of the Escrow Bank shall be determined by the express provisions of this Escrow Agreement. The Escrow Bank may consult with counsel, who may or may not be counsel to the District, and in reliance upon the written opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Bank shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering, or omitting any action under this Escrow Agreement, such matter (except the matters set forth herein as specifically requiring a certificate of a nationally recognized firm of independent certified public accountants or an opinion of counsel) may be deemed to be conclusively established by a written certification of the District. Anything in this Escrow Agreement to the contrary notwithstanding, in no event shall the Escrow Bank be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Escrow Bank has been advised of the likelihood of such loss or damage and regardless of the form of action. The District hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated), to the extent permitted by law, to indemnify, protect, save and hold harmless the Escrow Bank and its respective successors, assigns, agents and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against, at any time, the Escrow Bank (whether or not also indemnified against by any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the retention of the moneys therein and any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement, or as may arise by reason of any act, omission or error of the Escrow Bank made in good faith in the conduct of its duties; provided, however, that the District shall not be required to indemnify the Escrow Bank against its own negligence or misconduct. The indemnities contained in this Section 9 shall survive the termination of this Escrow Agreement or the resignation or removal of the Escrow Bank. The District acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the District the right to receive brokerage confirmations of security transactions as they occur, the District specifically waives receipt of such confirmations to the extent permitted by law. The Escrow Bank will furnish the District monthly cash transaction statements which include detail for all investment transactions made by the Escrow Bank hereunder. No provision of this Escrow Agreement shall require the Escrow Bank to expend or risk its own funds or otherwise incur any financial liability in the performance or exercise of any of its duties hereunder, or in the exercise of its rights or powers. -6- The Escrow Bank may execute any of the powers hereunder or perform any duties hereunder either directly or by or through agents, attorneys, custodians or nominees appointed with due care and shall not be responsible for any willful misconduct or negligence on the part of any agent, attorney, custodian or nominee so appointed. Section 12. Amendment. This Escrow Agreement may be modified or amended at any time by a supplemental agreement which shall become effective when the written consents of the owners of one hundred percent (100%) in aggregate principal amount of the Prior Bonds shall have been filed with the Escrow Bank. This Escrow Agreement may be modified or amended at any time by a supplemental agreement, without the consent of any such owners, but only (1) to add to the covenants and agreements of any party, other covenants to be observed, or to surrender any right or power herein or therein reserved to the District, (2) to cure, correct or supplement any ambiguous or defective provision contained herein, (3) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which, in the opinion of counsel, shall not materially adversely affect the interests of the owners of the Prior Bonds or the 2021 Bonds, and that such amendment will not cause interest on the Prior Bonds or the 2021 Bonds to become subject to federal income taxation. In connection with any contemplated amendment or revocation of this Escrow Agreement, written notice thereof and draft copies of the applicable legal documents shall be provided by the District to each rating agency then rating the Prior Bonds. Section 13. Severability. If any section, paragraph, sentence, clause or provision of this Escrow Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, sentence clause or provision shall not affect any of the remaining provisions of this Escrow Agreement. Notice of any such invalidity or unenforceability shall be provided to each rating agency then rating the Prior Bonds. Section 14. Notice of Escrow Bank and District. Any notice to or demand upon the Escrow Bank may be served and presented, and such demand may be made, at the Principal Corporate Trust Office of the Escrow Bank as specified by the Escrow Bank as Trustee in accordance with the provisions of the 2018 Indenture and the 2019 Indenture. Any notice to or demand upon the District shall be deemed to have been sufficiently given or served for all purposes by being mailed by first class mail, and deposited, postage prepaid, in a post office letter box, addressed to such party as provided in the 2018 Indenture and the 2019 Indenture (or such other address as may have been filed in writing by the District with the Escrow Bank). Section 15. Merger or Consolidation of Escrow Bank. Any company into which the Escrow Bank may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Escrow Bank may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible to act as trustee under the 2018 Indenture and the 2019 Indenture, shall be the Successor hereunder to the Escrow Bank without the execution or filing of any paper or any further act. Section 16. Execution in Several Counterparts. This Escrow Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same instrument. Section 17. Business Days. Whenever any act is required by this Escrow Agreement to be done on a specified day or date, and such day or date shall be a day other than a business day for the Escrow Bank, then such act may be done on the next succeeding business day. -7- Section 18. Governing Law. This Escrow Agreement shall be construed and governed in accordance with the laws of the State of California. [The remainder of this page is intentionally left blank} -8- IN WITNESS WHEREOF, WEST CONTRA COSTA HEALTHCARE DISTRICT has caused this Escrow Agreement to be signed in its name by its Executive Director and U.S. BANK NATIONAL ASSOCIATION, in token of its acceptance of its obligations created under this Escrow Agreement, has caused this Escrow Agreement to be signed in its name by one of its authorized officers, all as of the day and year first above written. WEST CONTRA COSTA HEALTHCARE DISTRICT By Executive Director U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank By Authorized Signatory Exhibit A EXHIBIT A SCHEDULE OF ESCROWED FEDERAL SECURITIES Type Maturity Coupon Principal Price Cost Accrued Total Exhibit B EXHIBIT B REDEMPTION SCHEDULE 2018 Bonds Maturing Called Redemption Total Date Principal Principal Interest Premium Payment 01/01/22 $647,000 $9,602,000 — 2019 Bonds Maturing Called Redemption Total Date Principal Principal Interest Premium Payment 01/01/22 $138,000 $40,151,000 — Exhibit C EXHIBIT C FORM OF DEFEASANCE NOTICE West Contra Costa Healthcare District (Contra Costa County, California) Refunding Revenue Bonds, Series 2018 Issue Maturity Amount Interest Date Date Defeased Rate 4/17/2018 7/1/2028 $10,249,000 3.625% West Contra Costa Healthcare District (Contra Costa County, California) Refunding Revenue Bonds, Series 2019 Issue Maturity Amount Interest Date Date Defeased Rate 4/30/2021 7/1/2042 $40,289,000 4.125% NOTICE IS HEREBY GIVEN, on behalf of the West Contra Costa Healthcare District (the “District”) to the owners of the outstanding West Contra Costa Healthcare District (Contra Costa County, California) Refunding Revenue Bonds, Series 2018 (the “2018 Bonds”) and the West Contra Costa Healthcare District (Contra Costa County, California) Refunding Revenue Bonds, Series 2019 (the “2019 Bonds” and, with the 2018 Bonds, the “Bonds”) described above, that pursuant to the indentures authorizing the execution and delivery of the Bonds (collectively, the “Indentures”) the lien of the Indentures with respect to the Bonds has been discharged through the irrevocable deposit of cash and U.S. Treasury Securities in an escrow fund (the “Escrow Fund”). The Escrow Fund has been established and is being maintained pursuant to that certain Escrow Agreement, dated November 9, 2021, by and between the District and U.S. Bank National Association, as escrow bank. As a result of such deposit, the Bonds are deemed to have been paid and defeased in accordance with the Indentures. The pledge of the funds provided for under the Indentures and all other obligations of the District to the owners of the defeased Bonds shall hereafter be limited to the application of moneys in the Escrow Fund for the payment of the principal, interest and redemption price with respect to the Bonds, as described below. The cash and U.S. Treasury Securities deposited in the Escrow Fund have been calculated to provide sufficient moneys to pay the principal and interest with respect to the Bonds to and including January 1, 2022, to redeem the outstanding Bonds in full on January 1, 2022, at a redemption price equal to 100% of principal amount thereof plus accrued interest to such date. Dated: November __, 2021 U.S. BANK NATIONAL ASSOCIATION, as Trustee Exhibit D Page 1 EXHIBIT D FORM OF REDEMPTION NOTICE NOTICE OF FULL/FINAL REDEMPTION OF West Contra Costa Healthcare District (Contra Costa County, California) Refunding Revenue Bonds, Series 2018 Issue Maturity Interest Redemption Principal Redemption Date Date Rate Date Amount Price 4/17/2018 7/1/2028 3.625% 1/1/2022 $10,249,000 100.000 West Contra Costa Healthcare District (Contra Costa County, California) Refunding Revenue Bonds, Series 2019 Issue Maturity Interest Redemption Principal Redemption Date Date Rate Date Amount Price 4/30/2019 7/1/2042 4.125% 1/1/2022 $40,289,000 100.000 NOTICE IS HEREBY GIVEN that the West Contra Costa Healthcare District (the “District”) has called for redemption on January 1, 2022 (the “Redemption Date”), the outstanding general bonds described above (the “Bonds”), at a price equal to 100% of the principal amount thereof, plus accrued interest to such date (the “Redemption Price”). Pursuant to the indenture authorizing issuance of the Bonds, payment of the Redemption Price on the Bonds called for redemption will be paid without presentation of the Bonds if presentment is not required and upon presentation of the Bonds if presentment is required. If presentment is required, surrender thereof can be made in the following manner: Delivery Instructions: U.S. Bank Global Corporate Trust 111 Fillmore Ave E St. Paul, MN 55107 Bondholders presenting their bonds in person for same day payment must surrender their bond(s) by 1:00 P.M. CST on the Redemption Date and a check will be available for pick up after 2:00 P.M. CST. Checks not picked up by 4:30 P.M. CST will be mailed out to the bondholder via first class mail. If payment of the Redemption Price is to be made to the registered owner of the Bond, you are not required to endorse the Bond to collect the Redemption Price. Interest on the principal amount designated to be redeemed shall cease to accrue on and after the Redemption Date. For a list of redemption requirements please visit our website at www.usbank.com/corporatetrust and click on the “Bondholder Information” link for Redemption instructions. You may also contact our Bondholder Communications team at 1-800-934-6802 Monday through Friday from 8 AM to 6 PM CST. Exhibit D Page 2 IMPORTANT NOTICE Federal law requires the Paying Agent to withhold taxes at the applicable rate from the payment if an IRS Form W-9 or applicable IRS Form W-8 is not provided. Please visit www.irs.gov for additional information on the tax forms and instructions. Neither the District nor the Paying Agent shall be held responsible for the selection or use of the CUSIP number, nor is any representation made as to its correctness as shown in the Redemption Notice. It is included solely for convenience of the Holders. Dated: ___________, 2021 U.S. BANK NATIONAL ASSOCIATION, as Trustee and Escrow Bank Quint & Thimmig LLP 09/13/21 09/22/21 10/19/21 23018.06 INDENTURE OF TRUST Dated as of December 1, 2021 by and between the WEST CONTRA COSTA HEALTHCARE DISTRICT and U.S. BANK NATIONAL ASSOCIATION, as Trustee Relating to $___________ West Contra Costa Healthcare District (Contra Costa County, California) Refunding Revenue Bonds, Series 2021 -i- TABLE OF CONTENTS Page ARTICLE I DEFINITIONS; CONTENT OF CERTIFICATES AND OPINIONS Section 1.01. Definitions ..................................................................................................................................................................2 Section 1.02. Content of Certificates and Opinions .....................................................................................................................8 ARTICLE II THE BONDS Section 2.01. Authorization of Bonds ............................................................................................................................................9 Section 2.02. Terms of the Bonds ...................................................................................................................................................9 Section 2.03. Form of Bonds ..........................................................................................................................................................10 Section 2.04. Execution of Bonds ..................................................................................................................................................10 Section 2.05. Transfer of Bonds ....................................................................................................................................................10 Section 2.06. Exchange of Bonds ..................................................................................................................................................11 Section 2.07. Bond Registration Books ........................................................................................................................................11 Section 2.08. Temporary Bonds ....................................................................................................................................................11 Section 2.09. Bonds Mutilated, Lost, Destroyed or Stolen .......................................................................................................11 Section 2.10. CUSIP Numbers ......................................................................................................................................................12 Section 2.11. Book-Entry System ..................................................................................................................................................12 ARTICLE III ISSUANCE OF BONDS; APPLICATION OF PROCEEDS Section 3.01. Issuance of the Bonds .............................................................................................................................................14 Section 3.02. Application of Proceeds of Bonds .........................................................................................................................14 Section 3.03. Establishment and Application of Costs of Issuance Fund ...............................................................................14 Section 3.04. Validity of Bonds .....................................................................................................................................................14 ARTICLE IV REDEMPTION OF BONDS Section 4.01. Terms of Redemption .............................................................................................................................................16 Section 4.02. Selection of Bonds for Redemption ......................................................................................................................16 Section 4.03. Notice of Redemption .............................................................................................................................................16 Section 4.04. Partial Redemption of Bonds .................................................................................................................................17 Section 4.05. Effect of Redemption ..............................................................................................................................................17 ARTICLE V OBLIGATION OF THE DISTRICT; PLEDGE OF PARCEL TAX REVENUES Section 5.01. Obligation of the District ........................................................................................................................................19 Section 5.02. Pledge of Parcel Tax Revenues; Transfer to Pay the Principal or Sinking Fund Installments of and Interest on the Bonds and any Parity Debt; Release from Lien .......................................................19 Section 5.03. Application of Moneys ...........................................................................................................................................20 Section 5.04. Limitations on Future Obligations Secured by Parcel Tax Revenues .............................................................20 Section 5.05. Additional Payments ..............................................................................................................................................21 Section 5.06. Investment of Moneys in Funds and Accounts ..................................................................................................21 Section 5.07. Acquisition, Disposition and Valuation of Investments by the District .........................................................22 Section 5.08. Statutory Lien ..........................................................................................................................................................22 ARTICLE VI DISTRICT COVENANTS Section 6.01. Maintenance of Levy and Collection of the Parcel Tax .....................................................................................23 Section 6.02. Waiver of Laws ........................................................................................................................................................23 Section 6.03. Continuing Disclosure ............................................................................................................................................23 Section 6.04. No Arbitrage ............................................................................................................................................................23 Section 6.05. Private Activity Bond Limitation ..........................................................................................................................23 Section 6.06. Federal Guarantee Prohibition ..............................................................................................................................23 Section 6.07. Rebate Requirement ................................................................................................................................................23 Section 6.08. Maintenance of Tax-Exemption ............................................................................................................................23 Section 6.09. Further Assurances .................................................................................................................................................23 -ii- ARTICLE VII REPRESENTATIONS AND WARRANTIES OF THE DISTRICT Section 7.01. Representations and Warranties of the District ..................................................................................................25 ARTICLE VIII PARTICULAR COVENANTS Section 8.01. Punctual Payment ...................................................................................................................................................27 Section 8.02. Extension of Payment of Bonds ............................................................................................................................27 Section 8.03. Accounting Records and Financial Statements Relating to the Bonds ............................................................27 Section 8.04. Waiver of Laws ........................................................................................................................................................27 ARTICLE IX EVENTS OF DEFAULT AND REMEDIES OF BONDOWNERS Section 9.01. Events of Default .....................................................................................................................................................28 Section 9.02. Acceleration of Maturities ......................................................................................................................................29 Section 9.03. Application of Parcel Tax Revenues and Other Funds After Default .............................................................29 Section 9.04. Trustee to Represent Bondowners ........................................................................................................................30 Section 9.05. Bondowners’ Direction of Proceedings ................................................................................................................30 Section 9.06. Limitation on Bondowners’ Right to Sue ............................................................................................................31 Section 9.07. Absolute Obligation of District .............................................................................................................................31 Section 9.08. Termination of Proceedings ...................................................................................................................................31 Section 9.09. Remedies Not Exclusive .........................................................................................................................................31 Section 9.10. No Waiver of Default ..............................................................................................................................................32 Section 9.11. Parties Interested Herein ........................................................................................................................................32 ARTICLE X THE TRUSTEE Section 10.01. Duties, Immunities and Liabilities of Trustee ...................................................................................................33 Section 10.02. Merger or Consolidation ......................................................................................................................................34 Section 10.03. Liability of Trustee ................................................................................................................................................34 Section 10.04. Right of Trustee to Rely on Documents .............................................................................................................36 Section 10.05. Preservation and Inspection of Documents ......................................................................................................36 Section 10.06. Compensation of Trustee .....................................................................................................................................36 Section 10.07. Indemnification .....................................................................................................................................................37 ARTICLE XI MODIFICATION OR AMENDMENT OF THIS INDENTURE Section 11.01. Amendments Permitted .......................................................................................................................................38 Section 11.02. Effect of Supplemental Indenture .......................................................................................................................39 Section 11.03. Endorsement of Bonds; Preparation of New Bonds ........................................................................................39 Section 11.04. Amendment of Particular Bonds ........................................................................................................................39 Section 11.05. Opinion for Supplement ......................................................................................................................................39 ARTICLE XII DEFEASANCE Section 12.01. Discharge of Indenture .........................................................................................................................................40 Section 12.02. Discharge of Liability on Bonds ..........................................................................................................................40 Section 12.03. Deposit of Money or Securities with Trustee ....................................................................................................40 Section 12.04. Payment of Bonds After Discharge of Indenture .............................................................................................41 ARTICLE XIII MISCELLANEOUS Section 13.01. Liability of District Limited to Parcel Tax Revenues .......................................................................................42 Section 13.02. Successor Is Deemed Included in All References to Predecessor ..................................................................42 Section 13.03. Limitation of Rights to Parties and Bondowners .............................................................................................42 Section 13.04. Waiver of Notice ....................................................................................................................................................42 Section 13.05. Destruction of Bonds ............................................................................................................................................42 Section 13.06. Severability of Invalid Provisions .......................................................................................................................42 Section 13.07. Notices ....................................................................................................................................................................42 -iii- Section 13.08. Evidence of Rights of Bondowners .....................................................................................................................43 Section 13.09. Disqualified Bonds ................................................................................................................................................43 Section 13.10. Money Held for Particular Bonds .......................................................................................................................44 Section 13.11. Funds and Accounts .............................................................................................................................................44 Section 13.12. Article and Section Headings and References ..................................................................................................44 Section 13.13. Waiver of Personal Liability ................................................................................................................................44 Section 13.14. Execution in Several Counterparts .....................................................................................................................44 Section 13.15. Governing Law ......................................................................................................................................................45 EXHIBIT A: FORM OF BONDS INDENTURE OF TRUST This INDENTURE OF TRUST (this “Indenture”), made and entered into and dated as of December 1, 2021, by and between WEST CONTRA COSTA HEALTHCARE DISTRICT, a local health care district of the State of California (the “District”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America and qualified to accept and administer the trusts hereby created (the “Trustee”). WITNESSETH: WHEREAS, the District has heretofore issued its West Contra Costa Healthcare Refunding Revenue Bonds, Series 2018 (the “2018 Bonds”), of which $10,249,000 is currently outstanding, and its West Contra Costa Healthcare Refunding Revenue Bonds, Series 2019 (the “2019 Bonds” and, with the 2018 Bonds, the “Prior Bonds”), of which $40,289,000 is currently outstanding; WHEREAS, the District has determined, as a result of favorable financial market conditions and for other reasons, at this time to issue its West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 (the “Bonds”), pursuant to the provisions of section 53570 et seq. of the California Government Code to refund the Prior Bonds and to pay the costs of issuance of the Bonds; WHEREAS, the District’s obligation to pay the principal of and interest on the Bonds will be secured by a first and prior lien on the revenues derived by the District from an annual special parcel tax on each parcel of real property within the District (exclusive of parcels for which exemptions have been granted), approved by approximately 84% of the voters of the District at a special election held on June 8, 2004 (the “Parcel Tax Revenues”); WHEREAS, in order to provide for the authentication and delivery of the Bonds, to establish and declare the terms and conditions upon which the Bonds are to be issued and secured and to secure the payment of the principal or sinking fund installments thereof and premium (if any) and interest thereon, the District has authorized the execution and delivery of this Indenture; and WHEREAS, the District has determined that all acts and proceedings required by law or necessary to make the Bonds, when executed by the District, authenticated and delivered by the Trustee and duly issued, the valid, binding and legal limited obligations of the District, and to constitute this Indenture a valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been done and taken, and the execution and delivery of this Indenture have been in all respects duly authorized; NOW, THEREFORE, THIS INDENTURE WlTNESSETH, that in order to secure the payment of the principal or sinking fund installments of, and the interest and premium, if any, on, all Bonds at any time issued and outstanding under this Indenture, according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds are to be issued and received, and in consideration of the premises and of the mutual covenants herein contained and of the purchase and acceptance of the Bonds by the Owners thereof, and for other valuable consideration, the receipt whereof is hereby acknowledged, the District does hereby covenant and agree with the Trustee for the benefit of the respective Owners from time to time of the Bonds, as follows: -2- ARTICLE I DEFINITIONS; CONTENT OF CERTIFICATES AND OPINIONS Section 1.01. Definitions. Unless the context otherwise requires, the terms defined in this Section 1.01 shall, for all purposes of this Indenture and of any Supplemental Indenture and of any certificate, opinion or other document herein mentioned, have the meanings herein specified, to be equally applicable to both the singular and plural forms of any of the terms herein defined. Unless otherwise defined in this Indenture, all terms used herein shall have the meanings assigned to such terms in the Law. “Authorized Representative” means, with respect to the District, the Executive Director or the Treasurer and the Chief Operating Officer & CFO of Contra Costa Health Services and any other person designated as an Authorized Representative of the District by a Certificate of the District signed by the Executive Director or the Treasurer or the Chief Operating Officer & CFO of Contra Costa Health Services filed with the Trustee. “Board” means the Board of Directors of the District. “Bond Registration Books” means the books maintained by the Trustee pursuant to Section 2.07 for the registration and transfer of ownership of the Bonds. “Bonds” means the West Contra Costa Healthcare District (Contra Costa County, California) Refunding Revenue Bonds, Series 2021, issued under this Indenture. “Business Day” means any day other than a Saturday, Sunday, or a day on which banking institutions in the State or in the City of Los Angeles, California, or the City of San Francisco, California, are authorized or obligated by law or executive order to be closed. “Certificate,” “Statement,” “Request,” “Requisition” and “Order” of the District mean, respectively, a written certificate, statement, request, requisition or order signed in the name of the District by an Authorized Representative of the District. Any such instrument and supporting opinions or representations, if any, may, but need not, be combined in a single instrument with any other instrument, opinion or representation, and the two or more so combined shall be read and construed as a single instrument. If and to the extent required by Section 1.02 of this Indenture, each such instrument shall include the statements provided for in Section 1.02 of this Indenture. “Closing Date” means November 23, 2021, the date on which the Bonds are delivered by the District to the Original Purchaser. “Code” means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Bonds or (except as otherwise referenced in this Indenture) as it may be amended to apply to obligations issued on the date of issuance of the Bonds, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate, dated the date of issuance and delivery of the Bonds, of the District, as originally executed and as it may be amended from time to time in accordance with the terms thereof. -3- “Costs of Issuance” means all items of expense directly or indirectly payable by or reimbursable to the District and related to the authorization, execution, sale and delivery of the Bonds, including but not limited to filing fees, initial fees and charges of the Trustee, legal fees, including fees of counsel to the Original Purchaser, financial and municipal advisory fees and charges, the fee payable to the California Debt and Investment Advisory Commission and any other cost, charge or fee in connection with the original delivery of Bonds. “Costs of Issuance Fund” means the fund so designated and established pursuant to Section 3.03 of this Indenture. “County” means Contra Costa County, California. “Debt Service Fund” means the fund by that name established pursuant to Section 5.02(b) of this Indenture. “Defeasance Obligations” means: (a) direct obligations of the United States of America (including obligations issued or held in book-entry form on the books of the Department of the Treasury of the United States of America); (b) certificates which evidence ownership of the right to the payment of the principal of and interest on obligations described in clause (a), provided that such obligations are held in the custody of a bank or trust company in a special account separate from the general assets of such custodian; (c) the interest component of securities issued by the Resolution Funding Corporation which have been stripped by the Federal Reserve Bank of New York in book-entry form; (d) obligations, the interest on which is excluded from gross income for federal or State income tax purposes pursuant to section 103 of the Code and the timely payment of principal of and interest on which is fully provided for by the irrevocable deposit in trust or escrow of cash or obligations described in clause (a) of this definition, and which are rated by S&P and by Moody’s in their highest rating categories and the trust or escrow instructions for which cannot be amended to provide for redemption of such obligations prior to the date set forth in the trust or escrow agreement governing such deposit; and (e) obligations issued by agencies of the United States of America which are backed by the full faith and credit of the United States of America. “District” means West Contra Costa Healthcare District, a local health care district duly organized and existing under the laws of the State. “Escrow Agreement” means that certain Escrow Agreement, dated the Closing Date, by and between the District and the Escrow Bank, as originally entered into or as it may be amended or supplemented pursuant to the provisions thereof, created to provide for the payment and redemption of the Prior Bonds. “Escrow Bank” means U.S. Bank National Association, as escrow agent under the Escrow Agreement, or any successor thereto appointed as escrow agent thereunder in accordance with the provisions thereof. “Escrow Fund” means the escrow fund created and maintained by the Escrow Bank pursuant to the Escrow Agreement. “Event of Default” means any of the events specified in Section 9.01 of this Indenture. “Fair Market Value” means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm’s length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of section 1273 of the Code) and, -4- otherwise, the term “Fair Market Value” means the acquisition price in a bona fide arm’s length transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code, (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code, (iii) the investment is a United States Treasury Security—State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt, or (iv) any commingled investment fund in which the District and related parties do not own more than a ten percent (10%) beneficial interest therein if the return paid by the fund is without regard to the source of the investment. “Federal Securities” means (a) cash (insured at all times by the Federal Deposit Insurance Corporation), and (b) obligations of, or obligations guaranteed as to principal and interest by, the United States or any agency or instrumentality thereof, when such obligations are backed by the full faith and credit of the United States including: (i) United States treasury obligations, (ii) all direct or fully guaranteed obligations, (iii) Farmers Home Administration, (iv) General Services Administration, (v) Guaranteed Title XI financing, (vi) Government National Mortgage Association (GNMA), and (vi) State and Local Government Series. “Fiscal Year” means the period beginning on July 1 of each year and ending on June 30 of such year, or any other twelve-month period hereafter selected and designated as the official fiscal year period of the District. “Indenture” means this Indenture, as originally executed or as it may from time to time be supplemented, modified or amended by any Supplemental Indenture. “Interest Payment Date” means January 1 and July 1 in each year, commencing January 1, 2022. “Law” means the provisions of Article 11 (commencing with section 53580) of the California Government Code, as now in effect and as it may from time to time hereafter be amended or supplemented. “Lien Statute” means section 5451.5 of the California Government Code. “Mandatory Sinking Account Payment” means, with respect to Term Bonds, the amount required by this Indenture to be paid by the District on any single date for the retirement of the Term Bonds. “Moody’s” means Moody’s Investors Service, its successors and their assigns. “Opinion of Counsel” means a written opinion of counsel (who may be counsel for the District) selected by the District. If and to the extent required by the provisions of Section 1.02 of this Indenture, each Opinion of Counsel shall include the statements provided for in Section 1.02 of this Indenture. “Original Purchaser” means Piper Sandler & Co., as underwriter, the first purchasers of the Bonds upon their authentication and delivery by the Trustee on the Closing Date, and its successors and assigns. “Outstanding,” when used as of any particular time with reference to Bonds, means (subject to the provisions of Section 13.09 of this Indenture) all Bonds theretofore, or thereupon -5- being, authenticated and delivered by the Trustee under this Indenture except (a) Bonds theretofore canceled by the Trustee or surrendered to the Trustee for cancellation; (b) Bonds with respect to which all liability of the District shall have been discharged in accordance with Section 12.02 of this Indenture, including Bonds (or portions of Bonds) referred to in Section 13.10 of this Indenture; and (c) Bonds for the transfer or exchange of or in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Trustee pursuant to this Indenture. “Owner” or “Bond Owner” or “Bondowner”, when used with respect to any Bond, means the person in whose name the ownership of such Bond shall be registered on the Bond Registration Books. “Parcel Tax” means the annual special parcel tax on each parcel of real property within the District (exclusive of parcels for which exemptions have been granted), approved by approximately 84% of the voters of the District at a special election held on June 8, 2004. “Parcel Tax Revenues” means the amounts collected by the County on behalf of the District derived from the Parcel Tax. “Parity Debt” means any leases, loan agreements, installment sale agreements, bonds, notes or other obligations of the District payable from and secured by a pledge of and lien upon any of the Parcel Tax Revenues on a parity with the Bonds, entered into or issued pursuant to and in accordance with Section 5.04 of this Indenture. “Permitted Investments” means any of the following, provided that the Trustee is entitled to conclusively rely upon any investment direction received by it under this Indenture as a certification that such investment constitutes a Permitted Investment under this Indenture: (a) Federal Securities. (b) Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following federal agencies and provided such obligations are backed by the full faith and credit of the United States of America (stripped securities are only permitted if they have been stripped by the agency itself): 1. U.S. Export-Import Bank (Eximbank) Direct obligations or fully guaranteed certificates of beneficial ownership 2. U.S. Farmers Home Administration (FmHA) Certificates of Beneficial Ownership 3. Federal Financing Bank 4. Federal Housing Administration Debentures (FHA) 5. General Services Administration Participation Certificates 6. Government National Mortgage Association (GNMA or Ginnie Mae) GNMA—guaranteed mortgage-backed bonds GNMA—guaranteed pass-through obligations -6- 7. U.S. Maritime Administration Guaranteed Title XI financing 8. U.S. Department of Housing and Urban Development (HUD) Project Notes Local Authority Bonds New Communities Debentures - U.S. government guaranteed debentures U.S. Public Housing Notes and Bonds - U.S. government guaranteed public housing notes and bonds (c) Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following federal agencies which are not backed by the full faith and credit of the United States of America (stripped securities are only permitted if they have been stripped by the agency itself): 1. Federal Home Loan Bank System Senior debt obligations 2. Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac) Participation Certificate Senior debt obligations 3. Federal National Mortgage Association (FNMA or Fannie Mae) Mortgage-backed securities and senior debt obligations 4. Student Loan Marketing Association (SLMA or Sallie Mae) Senior debt obligations 5. Resolution Funding Corp. (REFCORP) obligations 6. Farm Credit System Consolidated system wide bonds and notes (d) Money market funds registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933, which invest solely in Federal Securities, if rated by S&P, having a rating of AAAm-G; and if rated by Moody’s having a rating of Aaa, including such funds for which the Trustee, its affiliates or subsidiaries provide investment advisory or other management services or for which the Trustee or an affiliate of the Trustee serves as investment administrator, shareholder servicing agent, and/or custodian or subcustodian, notwithstanding that (i) the Trustee or an affiliate of the Trustee receives and collects a fee for services provided to the fund, whether as a custodian, transfer agent, investment advisor or otherwise, (ii) the Trustee collects fees for services rendered pursuant to this Indenture, which fees are separate from the fees received from such funds, and (iii) services performed for such funds and pursuant to this Indenture may at times duplicate those provided to such funds by the Trustee or an affiliate of the Trustee. (e) Certificates of deposit or deposit accounts secured at all times by collateral described in (a) and/or (b) above. Such certificates must be issued by commercial banks or savings and loan associations (including the Trustee or its affiliates). The collateral must be held by a third party and the Owners must have a perfected first security interest in the collateral. (f) Certificates of deposit, savings accounts, deposit accounts or money market deposits which are fully insured by FDIC including those of the Trustee or its affiliates. -7- (g) Commercial paper rated, at the time of purchase, “Prime-1” by Moody’s and “A-1” or better by S&P. (h) Deposit accounts, Federal funds or bankers acceptances with a maximum term of 180 calendar days of any bank which has an unsecured, uninsured and unguaranteed obligation rating of “Prime-1” or better by Moody’s and “A-1” or better by S&P. (i) the Local Agency Investment Fund of the State, created pursuant to section 16429.1 of the California Government Code. “Principal Corporate Trust Office” or “principal corporate trust office” means the office of the Trustee at One California Street, Suite 1000, San Francisco, CA 94111, or such other or additional offices as may be specified to the District by the Trustee except that with respect to presentation of Bonds for payment or for registration of transfer and exchange of Bonds such term shall mean the office or agency of the Trustee at which, at any particular time, its corporate trust agency or operations business shall be conducted, initially in St. Paul, Minnesota. “Record Date” means the fifteenth (15th) calendar day of the month (even if such day is a holiday or not a Business Day) next preceding each Interest Payment Date. “S&P” means S&P Global Ratings Services, a Standard & Poor’s Financial Services LLC business, its successors and assigns. “Serial Bonds” means the Bonds, falling due by their terms in specified years, for which no Mandatory Sinking Account Payments are provided. “Special Record Date” means the date established by the Trustee pursuant to Section 2.02 of this Indenture as the record date for the payment of defaulted interest on the Bonds. “State” means the State of California. “Subordinate Debt” means indebtedness or other obligations (including leases and installment sale agreements) hereafter issued or incurred and secured by a pledge of and lien on Parcel Tax Revenues which by its terms is subordinate to the payment of the principal or sinking fund installments of and interest on the Bonds and any Parity Debt and subordinate to the security and right to payment of the principal or sinking fund installments of and interest on the Bonds and any Parity Debt in the event of default or default under such Subordinate Debt. “Supplemental Indenture” means any indenture hereafter duly authorized and entered into between the District and the Trustee supplementing, modifying or amending this Indenture, but only if and to the extent that such Supplemental Indenture is specifically authorized under this Indenture. “Term Bonds” means the Bonds payable at or before their specified maturity date or dates from Mandatory Sinking Account Payments established for that purpose and calculated to retire such Bonds on or before their specified maturity date. “Trustee” means U.S. Bank National Association, a national banking association organized and existing under the laws of the United States of America, or its successor, as Trustee as provided in Section 10.01 of this Indenture. “Prior Bonds” means, collectively, the 2018 Bonds and the 2019 Bonds. -8- “2018 Bonds” means the West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2018. “2018 Indenture” means the Indenture, dated as of April 1, 2018, by and between the District and the Trustee, providing for the issuance of the 2018 Bonds. “2019 Bonds” means the West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2019. “2019 Indenture” means the Indenture, dated as of June 1, 2019, by and between the District and the Trustee, providing for the issuance of the 2019 Bonds. Section 1.02. Content of Certificates and Opinions. Every certificate or opinion provided for in this Indenture with respect to compliance with any provision of this Indenture shall include (a) a statement that the person making or giving such certificate or opinion has read such provision and the definitions in this Indenture relating thereto; (b) a brief statement as to the nature and scope of the examination or investigation upon which the certificate or opinion is based; (c) a statement that, in the opinion of such person, he or she has made or caused to be made such examination or investigation as is necessary to enable him or her to express an informed opinion with respect to the subject matter referred to in the instrument to which his or her signature is affixed; and (d) a statement as to whether, in the opinion of such person, such provision has been complied with. Any such certificate or opinion made or given by an officer of the District may be based, insofar as it relates to legal, accounting or health facility matters, upon a certificate or opinion of or representation by counsel, unless such officer knows, or in the exercise of reasonable care should have known, that the certificate, opinion or representation with respect to the matters upon which such certificate or statement may be based, as aforesaid, is erroneous. Any such certificate or opinion made or given by counsel may be based, insofar as it relates to factual matters (with respect to which information is in the possession of the District) upon a certificate or opinion of or representation by an officer of the District, unless such counsel knows, or in the exercise of reasonable care should have known, that the certificate or opinion or representation with respect to the matters upon which such person’s certificate or opinion or representation may be based, as aforesaid, is erroneous. The same officer of the District, or the same counsel, as the case may be, need not certify to all of the matters required to be certified under any provision of this Indenture, but different officers or counsel may certify to different matters, respectively. Section 1.03. Equal Security. In consideration of the acceptance of the Bonds by the Owners thereof, this Indenture shall be deemed to be and shall constitute a contract between the District and the Owners from time to time of the Bonds; and the covenants and agreements herein set forth to be performed on behalf of the District shall be for the equal and proportionate benefit, security and protection of all Owners of the Bonds without preference, priority or distinction as to security or otherwise of any of the Bonds over any of the others by reason of the number or date thereof or the time of sale, execution or delivery thereof, or otherwise for any cause whatsoever, except as expressly provided therein or herein. -9- ARTICLE II THE BONDS Section 2.01. Authorization of Bonds. The Bonds are hereby authorized to be issued by the District under and subject to the terms of the Law and this Indenture. This Indenture constitutes a continuing agreement with the Owners to secure the full and final payment of principal of and the interest on all Bonds which may from time to time be executed and delivered under this Indenture, subject to the covenants, agreements, provisions and conditions herein contained. The Bonds shall be designated the “West Contra Costa Healthcare District (Contra Costa County, California) Refunding Revenue Bonds, Series 2021.” Section 2.02. Terms of the Bonds. (a) The Bonds shall be registered initially in the name of “Cede & Co.,” as nominee of The Depository Trust Company as the initial Securities Depository, and shall be evidenced by one Bond for each maturity of the Bonds in the principal amount of the respective maturities of the Bonds. Registered ownership of the Bonds, or any portion thereof, may not thereafter be transferred except as set forth herein. The aggregate principal amount of Bonds which may be issued and Outstanding under this Indenture shall not exceed _______________ dollars ($_________). The Bonds are being issued pursuant to the provisions of the Law. The Bonds shall be issued as fully registered bonds in denominations of $5,000 or any integral multiple thereof. The Bonds shall be dated as of the Closing Date, and interest thereon shall be payable on each Interest Payment Date. The Bonds shall mature on the following dates in the following amounts and shall bear interest at the following rates per annum: Maturity Date Principal Interest (July 1) Amount Rate (b) Interest on the Bonds shall be payable on each Interest Payment Date to the person whose name appears on the Bond Registration Books as the Owner thereof as of the Record Date immediately preceding each such Interest Payment Date, such interest to be paid by check mailed -10- on the Interest Payment Date or, at the option of any Owner of at least $1,000,000 aggregate principal amount of Bonds and upon written notice received by the Trustee prior to the Record Date, by wire transfer, at the Owner’s address as it appears on the Bond Registration Books or to such account as shall have been identified by the Owner in the notice requesting payment by wire transfer. Interest on the Bonds shall be computed on the basis of a year consisting of 360 days and twelve 30-day months. Principal of and premium (if any) on any Bond shall be paid upon presentation and surrender thereof at the Trust Office. Both the principal of and interest and premium (if any) on the Bonds shall be payable in lawful money of the United States of America. Each Bond shall bear interest from the Interest Payment Date next preceding the authentication thereof, unless (a) it is authenticated after a Record Date and on or before the following Interest Payment Date, in which event it shall bear interest from such Interest Payment Date; or (b) it is authenticated on or before December 15, 2021, in which event it shall bear interest from its date of delivery; provided, however, that if, as of the date of authentication of any Bond, interest thereon is in default, such Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. Any such interest not so punctually paid or duly provided for shall forthwith cease to be payable to the Owner on such Record Date and shall be paid to the person in whose name the Bond is registered at the close of business on a Special Record Date for the payment of such defaulted interest to be fixed by the Trustee, notice whereof being given to the Owners not less than ten (10) calendar days prior to such Special Record Date. The Bonds shall be subject to redemption as provided in Article IV of this Indenture. Section 2.03. Form of Bonds. The Bonds, the form of Trustee’s Certificate of Authentication, and the form of Assignment to appear thereon, shall be substantially in the forms set forth in Exhibit A, which are attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Indenture. Section 2.04. Execution of Bonds. The Bonds shall be executed in the name and on behalf of the District with the facsimile or manual signature of an Authorized Representative and attested by the facsimile or manual signature of the Secretary or an Assistant Secretary of the Board. The Bonds shall then be delivered to the Trustee for authentication by it. In case any of the officers who shall have signed or attested any of the Bonds shall cease to be such officer or officers of the District before the Bonds so signed or attested shall have been authenticated or delivered by the Trustee or issued by the District such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issue, shall be as binding upon the District as though those who signed and attested the same had continued to be such officers of the District and also any Bond may be signed and attested on behalf of the District by such Persons as at the actual date of execution of such Bond shall be the proper officers of the District although at the nominal date of such Bond any such Person shall not have been such officer of the District. Only such of the Bonds as shall bear thereon a certificate of authentication substantially in the form set forth in Exhibit A attached hereto, manually executed by the Trustee, shall be valid or obligatory for any purpose or entitled to the benefits of this Indenture, and such certificate of the Trustee shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this Indenture. Section 2.05. Transfer of Bonds. Any Bond may, in accordance with its terms, be transferred, upon the Bond Registration Books, by the person in whose name it is registered, in -11- person or by his duly authorized attorney, upon surrender of such Bond for cancellation, endorsed or accompanied by delivery of a written instrument of transfer in a form acceptable to the Trustee, duly executed. Every Bond so surrendered to the Trustee shall be canceled by it and destroyed. Whenever any Bond shall be surrendered for transfer, the District shall execute and the Trustee shall thereupon authenticate and deliver to the transferee a new Bond or Bonds of like maturity and aggregate principal amount of authorized denominations. The Trustee shall require the Owner requesting such transfer to pay any tax or other charge required to be paid with respect to such transfer. The Trustee may refuse to transfer, under the provisions of this Section 2.05, any Bonds selected by the Trustee for redemption under Article IV, or any Bonds during the period established by the Trustee for the selection of Bonds for redemption. Section 2.06. Exchange of Bonds. Bonds may be exchanged at the Trust Office, for a like aggregate principal amount of Bonds of other authorized denominations of the same maturity. The Trustee shall require the Owner requesting such exchange to pay any tax or other charge required to be paid with respect to such exchange. The Trustee may refuse to exchange, under the provisions of this Section 2.06, any Bonds selected by the Trustee for redemption under Article IV, or any Bonds during the period established by the Trustee for the selection of Bonds for redemption. Section 2.07. Bond Registration Books. The Trustee will keep or cause to be kept at the Principal Corporate Trust Office sufficient books for the registration and transfer of the Bonds, which shall at all times during regular business hours be open to inspection by the District upon reasonable notice; and, upon presentation for such purpose, the Trustee shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, Bonds as hereinbefore provided. Section 2.08. Temporary Bonds. The Bonds may be issued in temporary form exchangeable for definitive Bonds when ready for delivery. Any temporary Bond may be printed, lithographed or typewritten, shall be of such denomination as may be determined by the District, shall be in registered form and may contain such reference to any of the provisions of this Indenture as may be appropriate. A temporary Bond may be in the form of a single Bond payable in installments, each on the date, in the amount and at the rate of interest established for the Bonds of such Series maturing on such date. Every temporary Bond shall be executed by the District and authenticated by the Trustee upon the same conditions and in substantially the same manner as the definitive Bonds. If the District issues temporary Bonds it will execute and deliver definitive Bonds as promptly thereafter as practicable, and thereupon the temporary Bonds may be surrendered, for cancellation, in exchange therefor at the Principal Corporate Trust Office and the Trustee shall authenticate and deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations of the same Series and maturity or maturities. Until so exchanged, the temporary Bonds shall be entitled to the same benefits under this Indenture as definitive Bonds authenticated and delivered hereunder. Section 2.09. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shall become mutilated, the District shall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of like tenor and authorized denomination in exchange and substitution for the Bond so mutilated, but only upon surrender to the Trustee of the Bond so mutilated. Every mutilated Bond so surrendered to the Trustee shall be canceled by it and destroyed and the Trustee shall provide evidence of such destruction to the District. If any Bond issued hereunder shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the District and the Trustee and, if such evidence be satisfactory to the Trustee and indemnity for the District and the Trustee satisfactory to the Trustee shall be given, the District, at the expense of the Bond Owner, shall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of like tenor in lieu of and in substitution for the Bond so lost, destroyed or stolen (or if any such -12- Bond shall have matured, instead of issuing a substitute Bond, the Trustee may pay the same without surrender thereof upon receipt of the aforementioned indemnity). The District may require payment of a reasonable fee for each new Bond issued under this Section 2.09 and of the expenses which may be incurred by the District and the Trustee in connection therewith. Any Bond issued under the provisions of this Section 2.09 in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original contractual obligation on the part of the District whether or not the Bond alleged to be lost, destroyed or stolen be at any time enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this Indenture with all other Bonds secured by this Indenture. Section 2.10. CUSIP Numbers. The Trustee and the District shall not be liable for any defect or inaccuracy in the CUSIP number that appears on any Bond, check, advice of payment or redemption notice and any such document may contain a statement to the effect that CUSIP numbers have been assigned by an independent service for convenience of reference and that neither the District nor the Trustee shall be liable for any inaccuracy in such numbers. Section 2.11. Book-Entry System. Notwithstanding any provision of this Indenture to the contrary: (a) At the request of the Original Purchaser, the Bonds shall be initially issued registered in the name of “Cede & Co.,” as nominee of The Depository Trust Company, the depository designated by the Original Purchaser, and shall be evidenced by one certificate maturing on each of the maturity dates set forth in Section 2.02 hereof to be in a denomination corresponding to the total principal therein designated to mature on such date. Registered Ownership of such Bonds, or any portions thereof, may not thereafter be transferred except: (i) to any successor of The Depository Trust Company or its nominee, or of any substitute depository designated pursuant to paragraph (ii) of this subsection (a) (“substitute depository”); provided that any successor of The Depository Trust Company or substitute depository shall be qualified under any applicable laws to provide the service proposed to be provided by it; (ii) to any substitute depository designated in a written request of the District, upon (i) the resignation of The Depository Trust Company or its successor (or any substitute depository or its successor) from its functions as depository or (ii) a determination by the District that The Depository Trust Company or its successor is no longer able to carry out its functions as depository; provided that any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it; or (iii) to any person as provided below, upon (A) the resignation of The Depository Trust Company or its successor (or any substitute depository or its successor) from its functions as depository or (B) a determination by the District that The Depository Trust Company or its successor is no longer able to carry out its functions as depository; provided that no substitute depository which is not objected to by the District and the Trustee can be obtained. (b) In the case of any transfer pursuant to paragraph (i) or paragraph (ii) of subsection (a) of this Section 2.11, upon receipt of all Outstanding Bonds by the Trustee, together with a written request of an Authorized Officer of the District to the Trustee, a single new Bond shall be issued, authenticated and delivered for each maturity of such Bond then outstanding, registered in the name of such successor or such substitute depository or their nominees, as the case may be, all as specified in such written request of an Authorized Officer of the District. In the case of any -13- transfer pursuant to paragraph (iii) of subsection (a) of this Section 2.11, upon receipt of all Outstanding Bonds by the Trustee together with a written request of an Authorized Officer of the District, new Bonds shall be issued, authenticated and delivered in such denominations and registered in the names of such persons as are requested in a written request of the District provided the Trustee shall not be required to deliver such new Bonds within a period less than sixty (60) calendar days from the date of receipt of such a written request of an Authorized Officer of the District. (c) The District and the Trustee shall be entitled to treat the person in whose name any Bond is registered as the absolute Owner thereof for all purposes of this Indenture and any applicable laws, notwithstanding any notice to the contrary received by the Trustee or the District; and the District and the Trustee shall have no responsibility for transmitting payments to, communication with, notifying or otherwise dealing with any beneficial Owners of the Bonds. Neither the District nor the Trustee will have any responsibility or obligations, legal or otherwise, to the beneficial Owners or to any other party including The Depository Trust Company or its successor (or substitute depository or its successor), except for the registered Owner of any Bond. (d) So long as all outstanding Bonds are registered in the name of Cede & Co. or its registered assign, the District and the Trustee shall reasonably cooperate with Cede & Co., as sole registered Owner, or its registered assign in effecting payment of the principal and interest due with respect to the Bonds by arranging for payment in such manner that funds for such payments are properly identified and are made immediately available on the date they are due. (e) So long as all Outstanding Bonds are registered in the name of Cede & Co. or its registered assigns (hereinafter, for purposes of this paragraph (e), the “Owner”): (i) All notices and payments addressed to the Owners shall contain the Bonds’ CUSIP number. (ii) Notices to the Owner shall be forwarded in the manner set forth in the form of blanket issuer letter of representations (prepared by The Depository Trust Company) executed by the District and received and accepted by The Depository Trust Company. -14- ARTICLE III ISSUANCE OF BONDS; APPLICATION OF PROCEEDS Section 3.01. Issuance of the Bonds. At any time after the execution and delivery of this Indenture, the District may sell and execute and the Trustee shall authenticate and, upon Request of the District, deliver the Bonds in the aggregate principal amount of ___________________ dollars ($___________). Section 3.02. Application of Proceeds of Bonds. The proceeds received from the sale of the Bonds in the amount of $___________.00 (being the principal amount of the Bonds of $___________ less an Underwriter’s discount of $____________ plus an original issue premium of $___________), shall be deposited in trust with the Trustee, who shall forthwith transfer or deposit such proceeds as follows: (a) the Trustee shall transfer the sum of $___________ to the Escrow Bank for deposit in the Escrow Fund; and (b) the Trustee shall deposit the remaining amount ($____________) in the Costs of Issuance Fund. The Trustee may establish such temporary funds or accounts in its records as it may deem appropriate to facilitate such transfer and deposit. Section 3.03. Establishment and Application of Costs of Issuance Fund. The Trustee shall establish, maintain and hold in trust a separate fund designated as the “Costs of Issuance Fund.” Moneys deposited in said fund shall be used to pay Costs of Issuance of the Bonds upon Requisition of the District stating the person to whom payment is to be made, the amount to be paid, the purpose for which the obligation was incurred and that such payment is a proper charge against the Costs of Issuance Fund. On the date three months after the Closing Date, or upon earlier receipt of a Certificate of the District that amounts in the Costs of Issuance Fund are no longer required for the payment of Costs of Issuance, the Costs of Issuance Fund shall be terminated and any amounts then remaining in the Costs of Issuance Fund shall be transferred to the Debt Service Fund and applied as soon as possible to the payment of the principal of the Bonds and the Costs of Issuance Fund shall be closed. Section 3.04. Validity of Bonds. (a) The Board has reviewed all proceedings heretofore taken relative to the authorization of the Bonds and has found, as a result of such review, and hereby finds and determines that all acts, conditions and things required by law to exist, happen or be performed precedent to and in the issuance of the Bonds do exist, have happened and have been performed in due time, form and manner as required by law, and the Board is now authorized, pursuant to each and every requirement of the Law to issue the Bonds in the form and manner provided in this Indenture and the Bonds shall be entitled to the benefit, protection and security of the provisions of this Indenture. (b) From and after the issuance of the Bonds the findings and determinations of the Board respecting the Bonds shall be conclusive evidence of the existence of the facts so found and determined in any action or proceeding in any court in which the validity of the Bonds is at issue, and no bona fide purchaser of any of the Bonds shall be required to see to the existence of any fact or to the performance of any condition or to the taking of any proceeding required prior to -15- such issuance or to the application of the proceeds of sale of the Bonds. The recital contained in the Bonds that the same are issued pursuant to the Law and this Indenture shall be conclusive evidence of their validity and of the regularity of the issuance and all Bonds shall be incontestable from and after their issuance. The Bonds shall be deemed to be issued, within the meaning of this Indenture, whenever the definitive Bonds (or any temporary Bonds exchangeable therefor) have been delivered to the Original Purchaser thereof and the proceeds of sale thereof received. -16- ARTICLE IV REDEMPTION OF BONDS Section 4.01. Terms of Redemption. (a) Optional Redemption of Bonds. The Bonds maturing on or after July 1, ____, are also subject to redemption prior to their respective stated maturities upon not less than forty-five (45) calendar days prior written notice by the District to the Trustee, from any source of available funds, as a whole or in part (in such maturities as are designated by the District, or if the District fails to so designate, in inverse order of maturity, and by lot within a maturity) on any date on or after July 1, ____, at a redemption price equal to the Bonds called for redemption), together with accrued interest to the date fixed for redemption, without premium. (b) Mandatory Sinking Fund Redemption of Bonds. The Bonds maturing on July 1, ____, are subject to mandatory sinking fund redemption on July 1 in each year, on the dates and in the amounts specified in the following table. Mandatory Sinking Fund Sinking Fund Payment Date Payment Amount †Maturity The Bonds maturing on July 1, ____, are subject to mandatory sinking fund redemption on July 1 in each year, on the dates and in the amounts specified in the following table. Mandatory Sinking Fund Sinking Fund Payment Date Payment Amount †Maturity Section 4.02. Selection of Bonds for Redemption. Whenever provision is made in this Indenture for the redemption of less than all of the Bonds of any given maturity date or any given portion thereof, the Trustee shall select the Bonds to be redeemed, from all Bonds of such maturity date or such given portion thereof not previously called for redemption, by lot in any manner which the Trustee in its sole discretion shall deem appropriate and fair. The Trustee shall promptly notify the District in writing of the Bonds or portions thereof so selected for redemption. Section 4.03. Notice of Redemption. (a) Written notice of redemption shall be given by the District to the Trustee at least thirty (30) calendar days prior to the date of redemption (unless a shorter time shall be acceptable to the Trustee in the sole determination of the Trustee). Unless waived by the Owner, notice of any such redemption shall be given by the Trustee on behalf of the District at least 20 days (or such longer -17- period, up to thirty (30) calendar days, if required by The Depository Trust Company, any nominee, successor or substitute depository pursuant to Section 2.10(a) hereof) and not more than 60 calendar days prior to the date fixed for redemption to the Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Registration Books. All notices of redemption shall be dated and shall state: (i) the redemption date, (ii) the redemption price, (iii) if less than all Outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (iv) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (v) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the Trust Office. Notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the District shall default in the payment of the redemption price) interest with respect to such Bonds or portions of Bonds shall cease to accrue and be payable. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Trustee at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. Upon surrender for any partial redemption of any Bond, there shall be prepared for the Owner a new Bond or Bonds of the same maturity in the amount of the unredeemed principal. All Bonds which have been redeemed shall be canceled and destroyed by the Trustee and shall not be reissued. (b) Notice of redemption of Bonds shall be given by the Trustee, at the expense of the District, for and on behalf of the District. (c) Notwithstanding the foregoing, in the case of any optional redemption of the Bonds under Section 4.01, the notice of redemption may state that the redemption is conditioned upon receipt by the Trustee of sufficient moneys to redeem the Bonds to be redeemed on the anticipated redemption date, and that the optional redemption shall not occur if, by no later than the scheduled redemption date, sufficient moneys to redeem such Bonds have not been deposited with the Trustee. In the event that the Trustee does not receive sufficient funds by the scheduled optional redemption date to so redeem the Bonds to be optionally redeemed, such event shall not constitute an Event of Default; the Trustee shall send written notice to the Owners, to the effect that the redemption did not occur as anticipated, and the Bonds for which notice of optional redemption was given shall remain Outstanding for all purposes of this Indenture. Section 4.04. Partial Redemption of Bonds. Upon surrender of any Bond redeemed in part only, the District shall execute and the Trustee shall authenticate and deliver to the Owner thereof, at the expense of the District, a new Bond or Bonds of authorized denominations, and of the same Series and maturity, equal in aggregate principal amount to the unredeemed portion of the Bond surrendered. Section 4.05. Effect of Redemption. Notice of redemption having been duly given as aforesaid, and moneys for payment of the Redemption Price of, together with interest accrued to the redemption date on, the Bonds (or portions thereof) so called for redemption being held by the Trustee, on the redemption date designated in such notice, the Bonds (or portions thereof) so called for redemption shall become due and payable at the Redemption Price specified in such notice plus interest accrued thereon to the redemption date, interest on the Bonds so called for redemption shall cease to accrue, said Bonds (or portions thereof) shall cease to be entitled to any -18- benefit or security under this Indenture, and the Owners of said Bonds shall have no rights in respect thereof except to receive payment of said Redemption Price and accrued interest. All Bonds redeemed pursuant to the provisions of this Article shall be canceled upon surrender thereof and delivered to or upon the Order of the District. -19- ARTICLE V OBLIGATION OF THE DISTRICT; PLEDGE OF PARCEL TAX REVENUES Section 5.01. Obligation of the District. The District’s obligation to pay the principal, sinking fund installments of, redemption premium, if any, and interest on the Bonds and any Parity Debt shall be an obligation payable from Parcel Tax Revenues. The obligation of the District to pay the principal or sinking fund installments of, redemption premium, if any, and interest on the Bonds and any Parity Debt from Parcel Tax Revenues, to apply Parcel Tax Revenues and to perform and observe the other agreements contained in this Indenture and the District’s pledge of Parcel Tax Revenues as herein provided shall be absolute and unconditional and shall not be subject to any defense or any right of set-off, counterclaim or recoupment arising out of any breach of the District or the Trustee of any obligation to the District, whether under this Indenture or otherwise, or out of indebtedness or liability at any time owing to the District by the Trustee. Until such time as all of the principal or sinking fund installments of and interest on the Bonds and any Parity Debt shall have been fully paid or redeemed, the District (a) will not suspend, abate, or discontinue any payments provided for in Section 5.02 of this Indenture, and (b) will perform and observe all other agreements contained in this Indenture, and (c) will not terminate this Indenture for any cause, including, without limiting the generality of the foregoing, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either thereof, any failure of the Trustee to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Indenture. Section 5.02. Pledge of Parcel Tax Revenues; Transfer to Pay the Principal or Sinking Fund Installments of and Interest on the Bonds and any Parity Debt; Release from Lien. (a) Pledge of Parcel Tax Revenues. The District hereby irrevocably and unconditionally agrees that the payment of the principal or sinking fund installments of, premium, if any, and interest on the Bonds and any Parity Debt shall be secured by a pledge, charge and first and prior lien upon Parcel Tax Revenues sufficient to pay the principal or sinking fund installments of, premium, if any, and interest on the Bonds and any Parity Debt as the same shall become due and payable are hereby pledged, charged, assigned, transferred and set over by the District to the Trustee for the purpose of securing payment of the principal or sinking fund installments of, premium, if any, and interest on the Bonds and any Parity Debt. The Parcel Tax Revenues shall constitute a trust fund for the security and payment of the principal or sinking fund installments of, premium, if any, and interest on the Bonds held for the benefit of the Owner or held for the benefit of the owners of any Parity Debt. (b) Transfer to Pay the Principal or Sinking Fund Installments of and Interest on the Bonds and any Parity Debt. In order to provide for the payment of the principal or sinking fund installments of, premium, if any, and interest on the Bonds and any Parity Debt when due, the District shall direct the County, so long as the Bonds are Outstanding and any Parity Debt is outstanding, to transfer to the Trustee, as collected by the County, all Parcel Tax Revenues. With respect to the Bonds, the Trustee shall deposit into the Debt Service Fund from Parcel Tax Revenues, which is hereby created, the amount of principal of and interest on the Bonds coming due on the next succeeding January 1 and July 1 Interest Payment Date. With respect to any Parity Debt, the Trustee shall deposit in the debt service fund or similar fund or account established for such Parity Debt, from Parcel Tax Revenues, the amount of principal or sinking fund installment and interest on such Parity Debt coming due on the next succeeding January 1 -20- and July 1 Interest Payment Dates. Should the District receive any Parcel Tax Revenues from the County, such Parcel Tax Revenues shall be held by the District in trust for the Owner and the District shall immediately transfer such Parcel Tax Revenues to the Trustee. (c) Release from Lien. Following the deposits to the Debt Service Fund as described above, all remaining Parcel Tax Revenues shall be released from the lien of this Indenture and shall be transferred by the Trustee to the District. Amounts transferred by the Trustee to the District shall be available for any lawful purpose of the District. (d) No Prior Lien. The District has not heretofore made a pledge of, granted a lien on or security interest in, or made an assignment or sale of the Parcel Tax Revenues that ranks on a parity with or prior to the pledge granted under this Indenture. The District will not hereafter make or suffer to exist any pledge or assignment of, lien on, or security interest in the Parcel Tax Revenues that ranks prior to or on a parity with the pledge granted under this Indenture, except as expressly permitted under this Indenture. Section 5.03. Application of Moneys. All amounts in the Debt Service Fund shall be used and withdrawn by the Trustee solely for the purpose of paying principal or sinking fund installments of, redemption premiums, if any, and interest on the Bonds as the same shall become due and payable, in accordance with the provisions of Article II of this Indenture. Section 5.04. Limitations on Future Obligations Secured by Parcel Tax Revenues. (a) No Obligations Superior to the Bonds. In order to protect the availability of the Parcel Tax Revenues and the security for the principal or sinking fund installments of and interest on the Bonds and any Parity Debt, the District hereby agrees that the District shall not, so long as any Bonds or any Parity Debt are outstanding, issue or incur any obligations payable from Parcel Tax Revenues superior to its payment obligations with respect to the Bonds or such Parity Debt. (b) Parity Debt. The District further covenants that, except for obligations issued or incurred to redeem the Bonds in full pursuant to Section 4.01(a) hereof, the District shall not issue or incur any Parity Debt unless: (i) The District is not in default under the terms of this Indenture; (ii) The Trustee shall be the trustee for such Parity Debt. (iii) Parcel Tax Revenues, calculated pursuant to generally accepted accounting principles, as shown by the audited financial statements of the District for the latest Fiscal Year, shall have amounted to at least 1.25 times the sum of the maximum annual debt service on the 2021 Bonds, and the maximum annual debt service on all Parity Debt coming due and payable in that and any future Fiscal Year to be outstanding immediately subsequent to the incurring of such additional obligations. (iv) A reserve fund may, but shall not be required to be, funded for such Parity Debt. (v) Interest with respect to such Parity Debt shall be paid on the Interest Payment Dates. (vi) Principal with respect to such Parity Debt shall be paid on July 1. -21- (c) Subordinate Debt. The District further covenants that the District shall not issue or incur any Subordinate Debt unless: (i) Parcel Tax Revenues, calculated on sound accounting principles, as shown by the books of the District for the latest Fiscal Year shall, after deducting all amounts required for the payment of the Bonds any Parity Debt, have amounted to at least 1.10 times the sum of the maximum annual debt service on all Subordinate Debt outstanding immediately subsequent to the incurring of such additional obligations. (ii) Interest with respect to such Subordinate Debt shall be paid fifteen days after the Interest Payment Dates. (iii) Principal with respect to such Subordinate Debt shall be paid fifteen days after each July 1. (d) No Limitation on Obligations Secured by Revenues Other Than Parcel Tax Revenues. Nothing in this Indenture shall limit the District from issuing or incurring obligations payable from revenues or other moneys of the District other than Parcel Tax Revenues. Any provision of this Indenture that provides for the payment of amounts from “other available moneys of the District” or similar terms shall be subject, in all cases, to prior claims on such moneys. (e) Pro Rata Application of Parcel Tax Revenues. If, at any time, there is a deficiency in Parcel Tax Revenues available to pay the principal or sinking fund installments of and interest on the Bonds and any amounts due with respect to Parity Debt, available Parcel Tax Revenues shall be applied on a pro rata basis to the payment of such principal or sinking fund installments of and interest on the Bonds and to the payment of amounts with respect to such Parity Debt then due. Section 5.05. Additional Payments In addition to the principal or sinking fund installments of and interest on the Bonds, the District shall pay when due, from Parcel Tax Revenues or other available moneys of the District, all costs and expenses incurred by the District to comply with the provisions of this Indenture, including, without limitation, compensation due to the Trustee for its fees, costs and expenses incurred under this Indenture and all costs and expenses of attorneys, auditors and accountants. Section 5.06. Investment of Moneys in Funds and Accounts. All moneys in any of the funds and accounts held by the Trustee and established pursuant to this Indenture shall be invested by the Trustee, upon Request of the District, solely in Permitted Investments. Permitted Investments may be purchased at such prices as the Trustee may be directed by the District. All Permitted Investments shall be acquired subject to the limitations set forth in Section 5.07 of this Indenture, the limitations as to maturities hereinafter in this Section 5.06 set forth and such additional limitations or requirements consistent with the foregoing as may be established by Request of the District. In the absence of any Request of the District to invest, the Trustee shall invest in those Permitted Investments described in clause (d) of the definition thereof. Moneys in all funds and accounts under this Indenture shall be invested in Permitted Investments maturing not later than the date on which it is estimated that such moneys will be required by the Trustee. All interest, profits and other income received from the investment of moneys in any fund or account under this Indenture shall be deposited when received in the Debt Service Fund. Notwithstanding anything to the contrary contained in this paragraph, an amount of interest received with respect to any Permitted Investment equal to the amount of accrued interest, if any, paid as part of the purchase price of such Permitted Investment shall be credited to the fund or account from which such accrued interest was paid. -22- The Trustee may commingle any of the funds or accounts established pursuant to this Indenture into a separate fund or funds for investment purposes only, provided that all funds or accounts held by the Trustee under this Indenture shall be accounted for separately as required by this Indenture. The Trustee may act as principal or agent in the making or disposing of any investment. The Trustee may sell, or present for redemption, any Permitted Investments so purchased whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or account to which such Permitted Investment is credited, and the Trustee shall not be liable or responsible for any loss resulting from such investment. The District acknowledges that, to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the District the right to receive brokerage confirmations of security transactions as they occur, the District specifically waives receipt of such confirmations to the extent permitted by law. The Trustee will furnish the District monthly cash transaction statements which shall include detail for all investment transactions made by the Trustee under this Indenture. The Trustee or any of its affiliates may act as sponsor, advisor or manager in connection with any investments made by the Trustee under this Indenture. Section 5.07. Acquisition, Disposition and Valuation of Investments by the District. The District covenants that all investments of amounts deposited in any fund or account created by or pursuant to this Indenture, or otherwise containing gross proceeds of the Bonds (within the meaning of section 148 of the Code) shall be acquired, disposed of, and valued at fair market value. In making any valuations of investments under this Indenture, the Trustee may utilize and rely upon securities pricing services, including those within its regular accounting system. Section 5.08. Statutory Lien. The Lien Statute imposes a lien on the Parcel Tax Revenues to secure the District's obligations under this Indenture, and any Parity Debt or any debt issued or incurred to refund the Bonds. Pursuant to the Lien Statute, the Parcel Tax Revenues are immediately subject to such lien, and the lien immediately attaches to the Parcel Tax Revenues and is effective, binding, and enforceable against the District, its successors, purchasers of the Parcel Tax Revenues, creditors, and all others asserting rights therein, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing, or further act. -23- ARTICLE VI DISTRICT COVENANTS Section 6.01. Maintenance of Levy and Collection of the Parcel Tax. The District shall take all actions required by law, by the County or by the State in order to have the Parcel Tax levied and collected each tax year and to take all actions to enforce collection of the Parcel Tax and the remittance of the Parcel Tax Revenues to the Trustee so long as any Bonds or any Parity Debt are Outstanding. Section 6.02. Waiver of Laws. The District shall not at any time insist upon or plead in any manner whatsoever, or claim or take the benefit or advantage of, any stay or extension law relating to the payment of debt service on the Bonds now or at any time hereafter in force that may affect the covenants and agreements contained in this Indenture or in the Bonds, and all benefit or advantage of any such law or laws is hereby expressly waived by the District to the extent permitted by law. Section 6.03. Continuing Disclosure. The District hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Indenture, failure of the District to comply with the Continuing Disclosure Certificate shall not be an Event of Default hereunder. However, any Participating Underwriter (as defined in the Continuing Disclosure Certificate) or any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the District to comply with its obligations under this Section 6.03. Section 6.04. No Arbitrage. The District shall not take, or permit or suffer to be taken by the Trustee or otherwise, any action with respect to the proceeds of the Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Bonds would have caused the Bonds to be “arbitrage bonds” within the meaning of section 148 of the Code. Section 6.05. Private Activity Bond Limitation. The District shall assure that the proceeds of the Bonds are not so used as to cause the Bonds to satisfy the private business tests of section 141(b) of the Code or the private loan financing test of section 141(c) of the Code. Section 6.06. Federal Guarantee Prohibition. The District shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause any of the Bonds to be “federally guaranteed” within the meaning of section 149(b) of the Code. Section 6.07. Rebate Requirement. The District shall take any and all actions necessary to assure compliance with section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the Bonds. Section 6.08. Maintenance of Tax-Exemption. The District shall take all actions necessary to assure the exclusion of interest on the Bonds from the gross income of the Owner to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Bonds. Section 6.09. Further Assurances. The District will make, execute and deliver any and all such instruments and assurances as may be reasonably necessary or proper to carry out the -24- intention or to facilitate the performance of this Indenture and for the better assuring and confirming unto the Owners of the Bonds of the rights and benefits provided in this Indenture. -25- ARTICLE VII REPRESENTATIONS AND WARRANTIES OF THE DISTRICT Section 7.01. Representations and Warranties of the District. The District makes the following representations and warranties to the Trustee that as of the date of the execution of this Indenture: (a) The District is a local health care district duly organized and existing under the laws of the State, has full legal right, power and authority to enter into this Indenture and the Escrow Agreement and to carry out and consummate all transactions contemplated by this Indenture and the Escrow Agreement, and by proper corporate action has duly authorized the execution and delivery of this Indenture and the Escrow Agreement. (b) The officers of the District executing this Indenture and the Escrow Agreement are duly and properly in office and fully authorized to execute the same. (c) This Indenture and the Escrow Agreement have been duly authorized, executed and delivered by the District, and, if executed by the other parties thereto, constitute the legal, valid and binding agreements of the District enforceable in accordance with their respective terms; except, in all cases, as may be limited by bankruptcy, insolvency, moratorium and other similar laws affecting creditors’ rights generally and to the application of equitable principles if equitable remedies are sought. (d) The execution and delivery of this Indenture and the Escrow Agreement, the consummation of the transactions herein contemplated and the fulfillment of or compliance with the terms and conditions hereof and thereof will not in any material respect conflict with or constitute a violation or breach of or default (with due notice or the passage of time or both) to the knowledge of the District, after reasonable inquiry and investigation, any applicable law or administrative rule or regulation, or any applicable court or administrative decree or order, or any indenture, trust agreement, mortgage, deed of trust, loan agreement, lease, contract or other agreement or instrument to which the District is a party or by which it or its properties are otherwise subject or bound, or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the District. (e) No consent or approval of any trustee, holder of any indebtedness of the District or any other Person, and no consent, permission, authorization, order or license of, or filing or registration with, any governmental authority is necessary in connection with the execution and delivery of this Indenture and the Escrow Agreement, the consummation of any transaction herein and therein contemplated, or the fulfillment of or compliance with the terms and conditions of this Indenture, except as have been obtained or made and as are in full force and effect. (f) There is no action, suit, proceeding, inquiry or investigation, before or by any court or federal, state, municipal or other governmental authority, pending, or to the knowledge of the District, after reasonable inquiry and investigation, threatened against or affecting the District or the assets, properties or operations of the District which, if determined adversely to the District or its interests, could have a material adverse effect upon the consummation of the transactions contemplated by or the fulfillment or compliance with the terms and conditions of or the validity or enforceability of this Indenture or the Escrow Agreement or upon the financial condition, assets, properties or operations of the District, and the District is not in default (and no event has occurred and is continuing which with the giving of notice or the passage of time or both would -26- constitute a default) with respect to any order or decree of any court or any order, regulation or express demand of any federal, state, municipal or other governmental authority which default might have consequences that would materially and adversely affect the consummation of the transactions contemplated by this Indenture or the Escrow Agreement or the financial condition, assets, properties or operations of the District or its properties. (g) The audited financial statements of the District at June 30, 2021, for the year ended on such date fairly present the financial position of the District at June 30, 2021, and the results of operations for the year ended on such date, with such exceptions as may be disclosed therein, and since June 30, 2021, there has been no material adverse change in the financial condition or results of operations of the District or otherwise. (h) No information, exhibit or report furnished by the District in connection with the execution of this Indenture contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. -27- ARTICLE VIII PARTICULAR COVENANTS Section 8.01. Punctual Payment. The District shall punctually pay or cause to be paid the principal or sinking fund installments of, redemption premium, if any, and interest to become due in respect of all the Bonds, in strict conformity with the terms of the Bonds and of this Indenture, according to the true intent and meaning thereof. Section 8.02. Extension of Payment of Bonds. The District shall not directly or indirectly extend or assent to the extension of the maturity of any of the Bonds or the time of payment of any, or claims for, interest by the purchase or funding of such Bonds or claims for interest or by any other arrangement and in case the maturity of any of the Bonds or the time of payment of any such claims for interest shall be extended, such Bonds or claims for interest shall not be entitled, in case of any default under this Indenture, to the benefits of this Indenture, except subject to the prior payment in full of the principal all of the Bonds then Outstanding and of all claims for interest thereon which shall not have been so extended. Nothing in this Section 8.02 shall be deemed to limit the right of the District to issue bonds for the purpose of refunding any Outstanding Bonds, and such issuance shall not be deemed to constitute an extension of maturity of Bonds. Section 8.03. Accounting Records and Financial Statements Relating to the Bonds. The Trustee shall at all times keep, or cause to be kept, proper books of record and account, prepared in accordance with the Trustee’s accounting practices for books of record and account relating to similar trust accounts, in which sufficient entries shall be made of all transactions relating to the proceeds of Bonds and all funds and accounts established pursuant to this Indenture and held by the Trustee. Such books of record and account and any other commercially reasonable requested information shall be available for inspection by the District and the Owner, or his agent or representative duly authorized in writing, upon prior written notice and at any time during regular business hours and under reasonable circumstances. Section 8.04. Waiver of Laws. The District shall not at any time insist upon or plead in any manner whatsoever, or claim or take the benefit or advantage of, any stay or extension law now or at any time hereafter in force that may affect the covenants and agreements contained in this Indenture or in the Bonds, and all benefit or advantage of any such law or laws is hereby expressly waived by the District to the extent permitted by law. -28- ARTICLE IX EVENTS OF DEFAULT AND REMEDIES OF BONDOWNERS Section 9.01. Events of Default. The following events shall be Events of Default: (a) default in the due and punctual payment of the principal, sinking fund installment or redemption premium, if any, of any Bond when and as the same shall become due and payable, whether at maturity as therein expressed, by proceedings for redemption, by declaration or otherwise; (b) default in the due and punctual payment of any installment of interest on any Bond when and as such interest installment shall become due and payable; (c) if any representation or warranty made by the District in this Indenture or in any document, instrument or certificate furnishes to the Trustee or to the Original Purchaser in connection with the execution and delivery of the Bonds shall at any time prove to have been incorrect in any material respect as of the time made; (d) default by the District in the observance of any of the covenants, agreements or conditions on its part in this Indenture or in the Bonds contained (other than as referred to in subsections (a) or (b) of this Section 9.01), if such default shall have continued for a period of sixty (60) consecutive days after written notice thereof, specifying such default and requiring the same to be remedied, shall have been given to the District by the Trustee, or to the District and the Trustee by the Owners of not less than twenty-five percent (25%) in aggregate principal amount of the Bonds at the time Outstanding; (e) if any default shall exist under any agreement governing any Parity Debt and such default shall continue beyond the grace period, if any, provided for with respect to such default, or if the debt service payments on any Indebtedness which is not Parity Debt are accelerated; (f) if a final judgment for the payment of money in excess of one million dollars ($1,000,000) (not covered by insurance) shall be rendered against the District and the same shall remain undischarged for a period of sixty (60) calendar days during which the execution of such judgment shall not be effectively stayed; (g) if the District files a petition in voluntary bankruptcy, for the composition of its affairs or for its corporate reorganization under any state or federal bankruptcy or insolvency law, or makes an assignment for the benefit of creditors, or admits in writing to its insolvency or inability to pay debts as they mature, or consents in writing to the appointment of a trustee or receiver for itself; (h) if a court of competent jurisdiction shall enter an order, judgment or decree declaring the District an insolvent or adjudging it bankrupt, or appointing a trustee or receiver of the District, or approving a petition filed against the District seeking reorganization of the District under any applicable bankruptcy or insolvency law or statute of the United States of America or any state thereof, and such order, judgment or decree shall not be vacated or set aside or stayed within sixty (60) calendar days from the date of the entry thereof; or (i) if, under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the District, and such custody or control -29- shall not be terminated within sixty (60) calendar days from the date of assumption of such custody or control. Section 9.02. Acceleration of Maturities. If an Event of Default shall occur, then, and in each and every such case during the continuance of such Event of Default, the Trustee or the Owners of not less than a majority in aggregate principal amount of the Bonds at the time Outstanding shall be entitled, upon notice in writing to the District, to declare the principal of all of the Bonds then Outstanding, and the interest accrued thereon, to be due and payable immediately, and upon any such declaration the same shall become and shall be immediately due and payable, anything in this Indenture or in the Bonds contained to the contrary notwithstanding. Any such declaration, however, is subject to the condition that if, at any time after such declaration and before any judgment or decree for the payment of the moneys due shall have been obtained or entered, the District shall deposit with the Trustee a sum sufficient to pay all the principal or sinking fund installments or redemption premium, if any, of and installments of interest on the Bonds and the reasonable charges and expenses of Trustee including reasonable and actual attorneys’ fees and collection costs), and any and all other defaults known to the Trustee (other than in the payment of principal or sinking fund installments of and interest on the Bonds due and payable solely by reason of such declaration) shall have been made good or cured to the satisfaction of the Trustee or provision deemed by the Trustee to be adequate shall have been made therefor, then, and in every such case, the Owners of not less than a majority in aggregate principal amount of the Bonds then Outstanding , by written notice to the District and the Trustee, or the Trustee if such declaration was made by the Trustee, may, on behalf of the Owners of all of the Bonds, rescind and annul such declaration and its consequences and waive such default; but no such rescission and annulment shall extend to or shall affect any subsequent default, or shall impair or exhaust any right or power consequent thereon. Section 9.03. Application of Parcel Tax Revenues and Other Funds After Default. If an Event of Default shall occur and be continuing, without the requirement of an acceleration, all Parcel Tax Revenues and any other funds then held or thereafter received by the Trustee under any of the provisions of this Indenture (subject to Sections 5.01 and 14.11 of this Indenture) shall be applied by the Trustee as follows and in the following order: (a) To the payment of any expenses necessary in the opinion of the Trustee to protect the interests of the Owners of the Bonds and payment of reasonable charges and expenses of the Trustee (including, but not limited to, reasonable fees and disbursements of its counsel, agents and advisors) incurred in and about the performance of its powers and duties under this Indenture; (b) To the payment of the principal of and interest then due on the Bonds (upon presentation of the Bonds to be paid, and stamping thereon of the payment if only partially paid, or surrender thereof if fully paid) subject to the provisions of this Indenture (including Section 6.02), as follows: (i) Unless the principal of all of the Bonds shall have become or have been declared due and payable, First: To the payment to the persons entitled thereto of all installments of interest then due in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any installment or installments maturing on the same date, then to the payment thereof ratably, -30- according to the amounts due thereon, to the persons entitled thereto, without any discrimination or preference, and Second: To the payment to the persons entitled thereto of the unpaid principal of any Bonds which shall have become due, in the order of their due dates, with interest on the overdue principal at the rate borne by the respective Bonds, and, if the amount available shall not be sufficient to pay in full all the Bonds due on any date, together with such interest, then to the payment thereof ratably, according to the amounts of principal due on such date to the persons entitled thereto, without any discrimination or preference; and (ii) If the principal of all of the Bonds shall have become or have been declared due and payable, to the payment of the principal and interest then due and unpaid upon the Bonds, with interest on the overdue principal at the rate borne by the respective Bonds, and, if the amount available shall not be sufficient to pay in full the whole amount so due and unpaid, then to the payment thereof ratably, without preference or priority of principal over interest, or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, according to the amounts due respectively for principal and interest, to the persons entitled thereto without any discrimination or preference. Section 9.04. Trustee to Represent Bondowners. The Trustee is hereby irrevocably appointed (and the successive respective Owners of the Bonds, by taking and holding the same, shall be conclusively deemed to have so appointed the Trustee) as trustee and true and lawful attorney-in-fact of the Owners of the Bonds for the purpose of exercising and prosecuting on their behalf such rights and remedies as may be available to such Owners under the provisions of the Bonds, this Indenture, the Refunding Bond Law and applicable provisions of any other law. Upon the occurrence and continuance of an Event of Default or other occasion giving rise to a right in the Trustee to represent the Bondowners, the Trustee in its discretion may and shall upon the written request of the Owners of not less than twenty-five percent (25%) in aggregate principal amount of the Bonds then Outstanding (or, if more than one such request is received, the written request executed by the Owners of the greatest percentage of Bonds then Outstanding in excess of twenty-five percent (25%)), and upon being indemnified to its satisfaction therefor, shall, proceed to protect or enforce its rights or the rights of such Owners by such appropriate action, suit, mandamus or other proceedings as it shall deem most effectual to protect and enforce any such right, at law or in equity, either for the specific performance of any covenant or agreement contained herein, or in aid of the execution of any power herein granted, or for the enforcement of any other appropriate legal or equitable right or remedy vested in the Trustee or in such Owners under this Indenture, the Refunding Bond Law or any other law; and upon instituting such proceeding, the Trustee shall be entitled, as a matter of right, to the appointment of a receiver of the Parcel Tax Revenues and other assets pledged under this Indenture, pending such proceedings. All rights of action under this Indenture or the Bonds or otherwise may be prosecuted and enforced by the Trustee without the possession of any of the Bonds or the production thereof in any proceeding relating thereto, and any such suit, action or proceeding instituted by the Trustee shall be brought in the name of the Trustee for the benefit and protection of all the Owners of such Bonds, subject to the provisions of this Indenture (including Section 6.02). Section 9.05. Bondowners’ Direction of Proceedings. Anything in this Indenture to the contrary notwithstanding, the Owners of a majority in aggregate principal amount of the Bonds then Outstanding shall have the right, by an instrument or concurrent instruments in writing executed and delivered to the Trustee, to direct the method of conducting all remedial proceedings taken by the Trustee hereunder, provided that such direction shall not be otherwise -31- than in accordance with law and the provisions of this Indenture, and that the Trustee shall have the right to decline to follow any such direction which in the opinion of the Trustee would be unjustly prejudicial to Bondowners not parties to such direction or would expose the Trustee to liability for which it has not been indemnified to its satisfaction. Section 9.06. Limitation on Bondowners’ Right to Sue. No Owner of any Bond shall have the right to institute any suit, action or proceeding at law or in equity, for the protection or enforcement of any right or remedy under this Indenture, the Refunding Bond Law or any other applicable law with respect to such Bond, unless (1) such Owner shall have given to the Trustee written notice of the occurrence of an Event of Default; (2) the Owners of not less than twenty- five per cent (25%) in aggregate principal amount of the Bonds then Outstanding (or, if more than one such request is received, the written request executed by the Owners of the greatest percentage of Bonds then Outstanding in excess of twenty-five percent (25%)) shall have made written request upon the Trustee to exercise the powers hereinbefore granted or to institute such suit, action or proceeding in its own name; (3) such Owner or said Owners shall have tendered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; and (4) the Trustee shall have refused or omitted to comply with such request for a period of sixty (60) days after such written request shall have been received by, and said tender of indemnity shall have been made to, the Trustee. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any Owner of Bonds of any remedy hereunder or under law; it being understood and intended that no one or more Owners of Bonds shall have any right in any manner whatever by his or their action to affect, disturb or prejudice the security of this Indenture or the rights of any other Owners of Bonds, or to enforce any right under this Indenture, the Refunding Bond Law, the California Government Code or other applicable law with respect to the Bonds, except in the manner herein provided, and that all proceedings at law or in equity to enforce any such right shall be instituted, had and maintained in the manner herein provided and for the benefit and protection of all Owners of the Outstanding Bonds, subject to the provisions of this Indenture (including Section 6.02). Section 9.07. Absolute Obligation of District. Nothing in Section 8.06 or in any other provision of this Indenture, or in the Bonds, contained shall affect or impair the obligation of the District, which is absolute and unconditional, to pay the principal of and interest on the Bonds to the respective Owners of the Bonds at their respective dates of maturity, as herein provided, but only out of the Parcel Tax Revenues and other assets herein pledged therefor, or affect or impair the right of such Owners, which is also absolute and unconditional, to enforce such payment by virtue of the contract embodied in the Bonds. Section 9.08. Termination of Proceedings. In case any proceedings taken by the Trustee or any one or more Bondowners on account of any Event of Default shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Trustee or the Bondowners, then in every such case the District, the Trustee and the Bondowners, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder, severally and respectively, and all rights, remedies, powers and duties of the District, the Trustee and the Bondowners shall continue as though no such proceedings had been taken. Section 9.09. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Trustee or to the Owners of the Bonds is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise. -32- Section 9.10. No Waiver of Default. No delay or omission of the Trustee or of any Owner of the Bonds to exercise any right or power arising upon the occurrence of any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this Indenture to the Trustee or to the Owners of the Bonds may be exercised from time to time and as often as may be deemed expedient. Section 9.11. Parties Interested Herein. Nothing in this Indenture expressed or implied is intended or shall be construed to confer upon, or to give to, any person or entity, other than the District, the Trustee, their officers, employees and agents, and the Owners any right, remedy or claim under or by reason of this Indenture, or any covenant, condition or stipulation of this Indenture, and all covenants, stipulations, promises and agreements in this Indenture contained by and on behalf of the District shall be for the sole and exclusive benefit of the District, the Trustee, their officers, employees and agents, and the Owners. -33- ARTICLE X THE TRUSTEE Section 10.01. Duties, Immunities and Liabilities of Trustee. (a) The Trustee shall, prior to an Event of Default, and after the curing or waiver of all Events of Default which may have occurred, perform such duties and only such duties as are specifically set forth in this Indenture. The Trustee shall, during the existence of any Event of Default (which has not been cured or waived), exercise such of the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise, as a prudent trustee would exercise or use under the circumstances in the conduct of his or her own affairs. (b) The District may remove the Trustee at any time unless an Event of Default shall have occurred and then be continuing, and shall remove the Trustee if at any time requested to do so by an instrument or concurrent instruments in writing signed by the Owners of not less than a majority in aggregate principal amount of the Bonds then Outstanding (or their attorneys duly authorized in writing) or if at any time the Trustee shall cease to be eligible in accordance with subsection (f) of this Section 10.01, or shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or its property shall be appointed, or any public officer shall take control or charge of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, in each case by giving written notice of such removal to the Trustee, and thereupon shall appoint a successor Trustee by an instrument in writing. (c) The Trustee may at any time resign by giving sixty days prior written notice of such resignation to the District and by giving the Bondowners notice of such resignation by mail to the addresses shown on the Bond Registration Books. Upon receiving such notice of resignation, the District shall promptly appoint a successor Trustee by an instrument in writing. (d) Any removal or resignation of the Trustee and appointment of a successor Trustee shall become effective upon acceptance of appointment by the successor Trustee. If no successor Trustee shall have been appointed and have accepted appointment within forty-five (45) days of giving notice of removal or notice of resignation as aforesaid, the resigning Trustee or any Bondowner (on behalf of himself and all other Bondowners) may petition any court of competent jurisdiction for the appointment of a successor Trustee, and such court may thereupon, after such notice (if any) as it may deem proper, appoint such successor Trustee. Any successor Trustee appointed under this Indenture, shall signify its acceptance of such appointment by executing and delivering to the District and to its predecessor Trustee a written acceptance thereof, and thereupon such successor Trustee, without any further act, deed or conveyance, shall become vested with all the moneys, estates, properties, rights, powers, trusts, duties and obligations of such predecessor Trustee, with like effect as if originally named Trustee herein; but, nevertheless at the Request of the District or the request of the successor Trustee, such predecessor Trustee shall execute and deliver any and all instruments of conveyance or further assurance and do such other things as may reasonably be required for more fully and certainly vesting in and confirming to such successor Trustee all the right, title and interest of such predecessor Trustee in and to any property held by it under this Indenture and shall pay over, transfer, assign and deliver to the successor Trustee any money or other property subject to the trusts and conditions herein set forth. Upon request of the successor Trustee, the District shall execute and deliver any and all instruments as may be reasonably required for more fully and certainly vesting in and confirming to such successor Trustee all such moneys, estates, properties, rights, powers, trusts, duties and obligations. Upon acceptance of appointment by a successor Trustee as provided in this subsection, the District shall mail a notice of the succession of such Trustee to the trusts hereunder -34- to the Bondowners at the addresses shown on the registration books maintained by the Trustee. If the District fails to mail such notice within fifteen (15) days after acceptance of appointment by the successor Trustee, the successor Trustee shall cause such notice to be mailed at the expense of the District. (e) Any Trustee appointed under the provisions of this Section 10.01 in succession to the Trustee shall be a trust company, national banking association or bank having the powers of a trust company having a corporate trust office in the State, having a combined capital and surplus of at least fifty million dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank, national banking association or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purpose of this subsection the combined capital and surplus of such bank, national banking association or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this subsection (f), the Trustee shall resign immediately in the manner and with the effect specified in this Section 10.01. Section 10.02. Merger or Consolidation. Any company or association into which the Trustee may be merged or converted or with which it may be consolidated or any company or association resulting from any merger, conversion or consolidation to which it shall be a party or any company or association to which the Trustee may sell or transfer all or substantially all of its corporate trust business, provided such company or association shall be eligible under subsection (f) of Section 9.01, shall be the successor to such Trustee, as the case may be, without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. Section 10.03. Liability of Trustee. (a) The recitals of facts herein and in the Bonds contained shall be taken as statements of the District, and the Trustee assumes no responsibility for the correctness of the same or makes any representations as to the validity or sufficiency of this Indenture or of the Bonds, or shall incur any responsibility in respect thereof, other than in connection with the duties or obligations herein or in the Bonds assigned to or imposed upon it. The Trustee shall, however, be responsible for its representations contained in its certificate of authentication on the Bonds. The Trustee shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful misconduct. The Trustee may become the Owner of Bonds with the same rights it would have if it were not Trustee, and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of Bondowners, whether or not such committee shall represent the Owners of a majority in principal amount of the Bonds then Outstanding. (b) The Trustee shall not be liable for any error of judgment made in good faith by a responsible officer, unless the Trustee was negligent in ascertaining the pertinent facts. (c) The Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of the Owners of not less than twenty-five percent (25%) in aggregate principal amount of the Bonds at the time Outstanding, relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee under this Indenture. (d) The Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Indenture at the request, order or direction of any of the Bondowners, pursuant to -35- the provisions of this Indenture, unless such Bondowners shall have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities which may be incurred therein or thereby. (e) The Trustee shall not be liable for any action taken by it in good faith and believed by it to be authorized or within the discretion or rights or powers conferred upon it by this Indenture. (f) No provision in this Indenture shall require the Trustee to risk or expend its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder if repayment of such funds or adequate indemnity against such risk or liability is not assured to it. (g) The Trustee shall not be deemed to have knowledge of an Event of Default hereunder unless and until it shall have actual knowledge thereof. (h) The Trustee shall have no responsibility with respect to any information, statement or recital in any official statement, offering memorandum or other disclosure material prepared or distributed with respect to the Bonds. (i) The immunities extended to the Trustee also extend to its directors, officers, employees and agents. (j) The permissive right of the Trustee to do things enumerated in this Indenture shall not be construed as a duty. (k) The Trustee may execute any of the trusts or powers hereof and perform any of its duties through attorneys, agents and receivers and shall not be answerable for the same if appointed by it with reasonable care. (l) The Trustee shall have the right to accept and act upon instructions, including funds transfer instructions (“Instructions”) given pursuant to this Indenture and delivered using Electronic Means (“Electronic Means” shall mean the following communications methods: e- mail, facsimile transmission, secure electronic transmission containing applicable authorization codes, passwords and/or authentication keys issued by the Trustee, or another method or system specified by the Trustee as available for use in connection with its services hereunder); provided, however, that the District shall provide to the Trustee an incumbency certificate listing officers with the authority to provide such Instructions (“Authorized Officers”) and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended by the District whenever a person is to be added or deleted from the listing. If the District elects to give the Trustee Instructions using Electronic Means and the Trustee in its discretion elects to act upon such Instructions, the Trustee’s understanding of such Instructions shall be deemed controlling. The District understands and agrees that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The District shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the District and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the District. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The District agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it -36- is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the District; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures. (m) The Trustee shall not be liable to the parties hereto or deemed in breach or default hereunder if and to the extent its performance hereunder is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the Trustee and could not have been avoided by exercising due care. Force majeure shall include but not be limited to acts of God, terrorism, war, riots, strikes, fire, floods, earthquakes, epidemics or other similar occurrences. (n) The Trustee’s rights to immunities and protection from liability hereunder and its rights to payment of its fees and expenses shall survive its resignation or removal and final payment or defeasance of the Bonds. (o) The Trustee shall not be responsible for or accountable to anyone for the subsequent use or application of any moneys which shall be released or withdrawn in accordance with the provisions hereof. Section 10.04. Right of Trustee to Rely on Documents. The Trustee shall be protected in acting upon any notice, resolution, request, requisition, consent, order, certificate, report, opinion, note or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. The Trustee may consult with counsel, who may be counsel of or to the District, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. Whenever in the administration of the trusts imposed upon it by this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may be deemed to be conclusively proved and established by a Certificate of the District, and such Certificate shall be full warrant to the Trustee for any action taken or suffered in good faith under the provisions of this Indenture in reliance upon such Certificate, but in its discretion the Trustee may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 10.05. Preservation and Inspection of Documents. All documents received by the Trustee under the provisions of this Indenture shall be retained in its possession and shall be subject during regular business hours with reasonable prior notice to the inspection of the District and any Bondowner, and their agents and representatives duly authorized in writing, at the Trust Office and under reasonable conditions. Section 10.06. Compensation of Trustee. The District covenants to pay to the Trustee from time to time, from available moneys of the District, and the Trustee shall be entitled to, reasonable compensation for all services rendered by it in the exercise and performance of any of the powers and duties hereunder of the Trustee, and the District will pay or reimburse the Trustee upon its request, from available moneys of the District, for all expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Indenture (including the reasonable compensation and the expenses and disbursements of its counsel and -37- of all persons not regularly in its employ) except any such expense, disbursement or advance as may arise from its negligence or bad faith. Section 10.07. Indemnification. The District covenants to indemnify the Trustee and to hold it harmless against any loss, liability, expenses or advance, including reasonable fees and expenses of counsel and other experts, incurred or made without negligence or bad faith on the part of the Trustee, in the exercise and performance of any of the powers and duties hereunder by the Trustee, including the costs and expenses of defending itself against any claim of liability arising under this Indenture. Such indemnification shall survive the termination or discharge of this Indenture and the resignation or removal of the Trustee. -38- ARTICLE XI MODIFICATION OR AMENDMENT OF THIS INDENTURE Section 11.01. Amendments Permitted. (a) This Indenture and the rights and obligations of the District and of the Owners of the Bonds and of the Trustee may be modified or amended from time to time and at any time by a Supplemental Indenture, which the District and the Trustee may execute when the written consent of the Owners of a majority in aggregate principal amount of the Bonds then Outstanding shall have been filed with the Trustee; provided that if such modification or amendment will, by its terms, not take effect so long as any Bonds of any particular maturity remain Outstanding, the consent of the Owners of such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of Bonds Outstanding under this Section 11.01. No such modification or amendment shall (1) extend the fixed maturity of any Bond, or reduce the amount of principal thereof, provided in this Indenture for the payment of any Bond, or reduce the rate of interest thereon, or extend the time of payment of interest thereon, without the consent of the Owner of each Bond so affected, or (2) reduce the aforesaid percentage of Bonds the consent of the Owners of which is required to effect any such modification or amendment, or permit the creation of any lien on the Parcel Tax Revenues and other assets pledged under this Indenture prior to or on a parity with the lien created by this Indenture, or deprive the Owners of the Bonds of the lien created by this Indenture on such Parcel Tax Revenues and other assets (except as expressly provided in this Indenture), without the consent of the Owners of all of the Bonds then Outstanding. It shall not be necessary for the consent of the Bond Owners to approve the particular form of any Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the District and the Trustee of any Supplemental Indenture pursuant to this subsection (a), the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture to the Bond Owners at the addresses shown on the Bond Registration Books. Any failure to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Indenture. (b) This Indenture and the rights and obligations of the District, of the Trustee and of the Owners of the Bonds may also be modified or amended from time to time and at any time by a Supplemental Indenture, which the District and the Trustee may execute without the consent of any Bondowners, but only to the extent permitted by law and only for any one or more of the following purposes: (i) to add to the covenants and agreements of the District in this Indenture contained other covenants and agreements thereafter to be observed, to pledge or assign additional security for the Bonds (or any portion thereof), or to surrender any right or power herein reserved to or conferred upon the District, provided, that no such covenant, agreement, pledge, assignment or surrender shall materially adversely affect the interests of the Owners of the Bonds; (ii) to make such provisions for the purpose of curing any ambiguity, inconsistency or omission, or of curing or correcting any defective provision, contained in this Indenture, or in regard to matters or questions arising under this Indenture, as the District may deem necessary or desirable and not inconsistent with this Indenture, and which shall not materially adversely affect the interests of the Owners of the Bonds; and -39- (iii) to make such additions, deletions or modifications as may be necessary to assure exclusion from gross income for purposes of federal income taxation of interest on the Bonds. (c) No such Supplemental Indenture shall modify any of the rights or obligations of the Trustee without its prior written consent thereto; nor shall the Trustee be required to consent to any such Supplemental Indenture which affects its rights or obligations hereunder. Section 11.02. Effect of Supplemental Indenture. From and after the time any Supplemental Indenture becomes effective pursuant to this Article XI, this Indenture shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Indenture of the District, the Trustee and all Owners of Bonds Outstanding shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendment, and all the terms and conditions of any such Supplemental Indenture shall be deemed to be part of the terms and conditions of this Indenture for any and all purposes. Section 11.03. Endorsement of Bonds; Preparation of New Bonds. Bonds delivered after any Supplemental Indenture becomes effective pursuant to this Article XI may, and if the Trustee so determines shall, bear a notation by endorsement or otherwise in form approved by the District and the Trustee as to any modification or amendment provided for in such Supplemental Indenture, and, in that case, upon demand of the Owner of any Bond Outstanding at the time of such execution and presentation of his Bond for the purpose at the Trust Office or at such additional offices as the Trustee may select and designate for that purpose, a suitable notation shall be made on such Bond. If the Supplemental Indenture shall so provide, new Bonds so modified as to conform, in the opinion of the District and the Trustee, to any modification or amendment contained in such Supplemental Indenture, shall be prepared and executed by the District and authenticated by the Trustee, and upon demand of the Owners of any Bonds then Outstanding shall be exchanged at the Trust Office, without cost to any Bondowner, for Bonds then Outstanding, upon surrender for cancellation of such Bonds, in equal aggregate principal amounts of the same maturity. Section 11.04. Amendment of Particular Bonds. The provisions of this Article X shall not prevent any Bondowner from accepting any amendment as to the particular Bonds held by him, provided that due notation thereof is made on such Bonds. Section 11.05. Opinion for Supplement. In executing, or accepting the additional trusts created by, any Supplemental Indenture permitted by this Article or the modification thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in relying upon, an opinion of counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture and complies with the terms hereof. -40- ARTICLE XII DEFEASANCE Section 12.01. Discharge of Indenture. All or a portion of the Bonds may be paid by the District in any of the following ways; provided that the District also pays or causes to be paid any other sums payable under this Indenture by the District: (a) by paying or causing to be paid the principal or sinking fund installments of and interest on Bonds Outstanding, as and when the same become due and payable; (b) by depositing with the Trustee, in trust, at or before maturity, money or securities in the necessary amount (as provided in Section 12.03 of this Indenture) to pay or redeem Bonds Outstanding; or (c) by delivering to the Trustee, for cancellation by it, Bonds Outstanding. If the District shall pay all Bonds and shall also pay or cause to be paid all other sums payable under this Indenture by the District, then and in that case, at the election of the District (evidenced by a Certificate of the District, filed with the Trustee, signifying the intention of the District to discharge all such indebtedness and this Indenture), and notwithstanding that any Bonds shall not have been surrendered for payment, this Indenture and the pledge of Parcel Tax Revenues and other assets made under this Indenture and all covenants, agreements and other obligations of the District under this Indenture shall cease, terminate, become void and be completely discharged and satisfied. In such event, upon Request of the District, the Trustee shall cause an accounting for such period or periods as may be requested by the District to be prepared and filed with the District and shall execute and deliver to the District all such instruments as may be necessary or desirable to evidence such discharge and satisfaction, and the Trustee shall pay over, transfer, assign or deliver to the District all moneys or securities or other property held by it pursuant to this Indenture which are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption. Section 12.02. Discharge of Liability on Bonds. Upon the deposit with the Trustee, in trust, at or before maturity, of money or securities in the necessary amount (as provided in Section 12.03 of this Indenture) to pay or redeem any Outstanding Bond (whether upon or prior to its maturity or the redemption date of such Bonds), provided that, if such Bond is to be redeemed prior to maturity, notice of such redemption shall have been given as in Article IV of this Indenture provided or provision satisfactory to the Trustee shall have been made for the giving of such notice, then all liability of the District in respect of such Bond shall cease, terminate and be completely discharged, and the Owner thereof shall thereafter be entitled only to payment out of such money or securities deposited with the Trustee as aforesaid for their payment, subject, however, to the provisions of Section 12.04 of this Indenture and the continuing duties of the Trustee under this Indenture including, without limitation, the provisions of Section 2.05 and Section 2.06 of this Indenture. The District may at any time surrender to the Trustee for cancellation by it any Bonds previously issued and delivered, which the District may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, shall be deemed to be paid and retired. Section 12.03. Deposit of Money or Securities with Trustee. Whenever in this Indenture it is provided or permitted that there be deposited with or held in trust by the Trustee money or -41- securities in the necessary amount to pay or redeem any Bonds, the money or securities so to be deposited or held may include money or securities held by the Trustee in the funds and accounts established pursuant to this Indenture and shall be: (a) lawful money of the United States of America in an amount equal to the principal amount of such Bonds and all unpaid interest thereon to maturity, except that, in the case of Bonds which are to be redeemed prior to maturity and in respect of which notice of such redemption shall have been given as in Article IV of this Indenture provided or provision satisfactory to the Trustee shall have been made for the giving of such notice, the amount to be deposited or held shall be the principal or sinking fund installments of such Bonds and all unpaid interest thereon to the redemption date; or (b) cash and/or Defeasance Obligations, the principal of and interest on which when due will provide money sufficient in the opinion of a certified public accountant to pay the principal or sinking fund installments of, redemption premium, if any, and all unpaid interest to maturity, or to the redemption date, as the case may be, on the Bonds to be paid or redeemed, as such principal or sinking fund installments of, redemption premium, if any, and interest become due, provided that, in the case of Bonds which are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in Article IV of this Indenture provided or provision satisfactory to the Trustee shall have been made for the giving of such notice; provided, in each case, that the Trustee shall have been irrevocably instructed (by the terms of this Indenture or by Request of the District) to apply such money to the payment of such principal or sinking fund installments of, redemption premium, if any, and interest with respect to such Bonds. To accomplish defeasance, the District shall cause to be delivered (i) a report of an independent firm of nationally recognized certified public accountants (“Accountant”) verifying the sufficiency of the escrow established to pay the Bonds in full on the maturity or redemption date (“Verification”), (ii) an escrow deposit agreement, and (iii) an opinion of nationally recognized bond counsel to the effect that the Bonds are no longer Outstanding; each Verification and defeasance opinion shall be acceptable in form and substance to the District, and addressed, to the District and the Trustee. Section 12.04. Payment of Bonds After Discharge of Indenture. Notwithstanding any provisions of this Indenture, any moneys held by the Trustee in trust for the payment of the principal or interest on, any Bonds and remaining unclaimed for two years after the principal of all of the Bonds has become due and payable (whether at maturity or by acceleration as provided in this Indenture), if such moneys were so held at such date, or two years after the date of deposit of such moneys if deposited after said date when all of the Bonds became due and payable, shall be repaid to the District free from the trusts created by this Indenture, and all liability of the Trustee with respect to such moneys shall thereupon cease; provided, however, that before the repayment of such moneys to the District as aforesaid, the Trustee, as the case may be, may (at the cost of the District) first mail a notice, in such form as may be deemed appropriate by the Trustee, to the Owners of the Bonds so payable and not presented and with respect to the provisions relating to the repayment to the District of the moneys held for the payment thereof. -42- ARTICLE XIII MISCELLANEOUS Section 13.01. Liability of District Limited to Parcel Tax Revenues. Notwithstanding anything contained in this Indenture or in the Bonds, the District shall not be required to advance any moneys derived from any source other than the Parcel Tax Revenues under this Indenture for any of the purposes in this Indenture mentioned, whether for the payment of the principal or sinking fund installments of, redemption premium, if any, or interest on the Bonds or for any other purpose of this Indenture. Section 13.02. Successor Is Deemed Included in All References to Predecessor. Whenever in this Indenture either the District or the Trustee is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Indenture contained by or on behalf of the District or the Trustee shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 13.03. Limitation of Rights to Parties and Bondowners. Except as provided in Article XII hereof, nothing in this Indenture or in the Bonds expressed or implied is intended or shall be construed to give to any person other than the District, the Trustee and the Owners of the Bonds, any legal or equitable right, remedy or claim under or in respect of this Indenture or any covenant, condition or provision therein or herein contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the District, the Trustee and the Owners of the Bonds. Section 13.04. Waiver of Notice. Whenever in this Indenture the giving of notice by mail or otherwise is required, the giving of such notice may be waived in writing by the person entitled to receive such notice and in any such case the giving or receipt of such notice shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Section 13.05. Destruction of Bonds. Whenever in this Indenture provision is made for the cancellation by the Trustee and the delivery to the District of any Bonds, the Trustee may, in lieu of such cancellation and delivery, destroy such Bonds, and deliver a certificate of such destruction to the District. Section 13.06. Severability of Invalid Provisions. If any one or more of the provisions contained in this Indenture or in the Bond shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Indenture and such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture, and this Indenture shall be construed as if such invalid or illegal or unenforceable provision had never been contained in this Indenture. The District hereby declares that it would have entered into this Indenture and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issuance of the Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses or phrases of this Indenture may be held illegal, invalid or unenforceable. Section 13.07. Notices. All written notices to be given under this Indenture shall be given by facsimile or by mail first class, postage prepaid, to the party entitled thereto at its address set forth below, or at such address as the party may provide to the other parties in writing from time -43- to time. Any such notice shall be deemed to have been received 48 hours after deposit in the United States mail, with postage fully prepaid. If to the District: West Contra Costa Healthcare District 651 Pine Street Martinez, California 94553 Attention: Executive Director Phone: (510) ___-____ If to the Trustee: U.S. Bank National Association One California Street, Suite 1000 San Francisco, CA 94111 Attention: Global Corporate Trust Phone: (415) 677-3505 Notwithstanding the foregoing provisions of this Section 13.07, the Trustee shall not be deemed to have received, and shall not be liable for failing to act upon the contents of, any notice unless and until the Trustee actually receives such notice. The Trustee agrees to accept and act upon the facsimile transmission of written instructions and/or pursuant to this Indenture; provided, however, that: (a) the District, subsequent to such facsimile transmission of written instructions, shall provide the originally executed instructions and/or directions to the Trustee in a timely manner, (b) such originally executed instructions and/or directions shall be signed by a person as may be designated and authorized to sign for the District, and (c) the District shall provide to the Trustee an incumbency certificate listing such designated persons which such incumbency certificate shall be amended whenever a person is to be added to or deleted from the listing. Section 13.08. Evidence of Rights of Bondowners. Any request, consent or instrument required or permitted by this Indenture to be signed and executed by Bondowners may be in any number of concurrent instruments of substantially similar tenor and shall be signed or executed by such Bondowners in person or by an agent or agents duly appointed in writing. Proof of the execution of any such request, consent or other instrument or of a writing appointing any such agent, or of the holding by any person of Bonds transferable by delivery, shall be sufficient for any purpose of this Indenture and shall be conclusive in favor of the Trustee and of the District if made in the manner provided in this Section 13.08. The fact and date of the execution by any person of any such request, consent or other instrument or writing may be proved by the certificate of any notary public or other officer of any jurisdiction, authorized by the laws thereof to take acknowledgments of deeds, certifying that the person signing such request, consent or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution duly sworn to before such notary public or other officer. The Ownership of registered Bonds shall be proved by the Bond Registration Books held by the Trustee. Any request, consent, or other instrument or writing of the Owner of any Bond shall bind every future Owner of the same Bond and the Owner of every Bond issued in exchange therefor or in lieu thereof, in respect of anything done or suffered to be done by the Trustee or the District in accordance therewith or reliance thereon. Section 13.09. Disqualified Bonds. In determining whether the Owners of the requisite aggregate principal amount of Bonds have concurred in any demand, request, direction, consent -44- or waiver under this Indenture, Bonds which are owned or held by or for the account of the District, or by any other obligor on the Bonds, or by any person directly or indirectly controlling or controlled by, or under direct or indirect common control with the District or any other obligor on the Bonds, shall be disregarded and deemed not to be Outstanding for the purpose of any such determination. Bonds so owned which have been pledged in good faith may be regarded as Outstanding for the purposes of this Section 13.09 if the pledgee shall establish to the satisfaction of the Trustee the pledgee’s right to vote such Bonds and that the pledgee is not a person directly or indirectly controlling or controlled by, or under direct or indirect common control with, the District or any other obligor on the Bonds. In case of a dispute as to such right, any decision by the Trustee taken upon the advice of counsel shall be full protection to the Trustee. Upon request of the Trustee, the District shall specify to the Trustee those Bonds disqualified pursuant to this Section 13.09 and the Trustee may conclusively rely on such certificate. Section 13.10. Money Held for Particular Bonds. The money held by the Trustee for the payment of the principal or sinking fund installments of, redemption premium, if any, or interest due on any date with respect to particular Bonds (or portions of Bonds in the case of registered Bonds redeemed in part only) shall, on and after such date and pending such payment, be set aside on its books and held in trust by it for the Owners of the Bonds entitled thereto, subject, however, to the provisions of Section 12.04 of this Indenture but without any liability for the interest thereon. Section 13.11. Funds and Accounts. Any fund required by this Indenture to be established and maintained by the Trustee may be established and maintained in the accounting records of the Trustee, either as a fund or an account, and may, for the purposes of such records, any audits thereof and any reports or statements with respect thereto, be treated either as a fund or as an account; but all such records with respect to all such funds shall at all times be maintained in accordance with customary standards of the corporate trust industry, to the extent practicable, and with due regard for the protection of the security of the Bonds and the rights of every Owner thereof. Section 13.12. Article and Section Headings and References. The headings or titles of the several Articles and Sections of this Indenture, and any table of contents appended to copies of this Indenture, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Indenture. All references in this Indenture to “Articles,” “Sections” and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Indenture; the words “herein,” “hereof,” “hereby,” “hereunder” and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or subdivision of this Indenture; and words of the masculine gender shall mean and include words of the feminine and neuter genders. Section 13.13. Waiver of Personal Liability. No Board member, officer, agent or employee of the District shall be individually or personally liable for the payment of principal or sinking fund installments of, redemption premium, if any, or interest on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof; but nothing herein contained shall relieve any such Board member, officer, agent or employee from the performance of any official duty provided by law or by this Indenture. Section 13.14. Execution in Several Counterparts. This Indenture may be executed in any number of counterparts and each of counterparts shall for all purposes be deemed to be an original; and all such counterparts or as many of them as the District and the Trustee shall preserve undestroyed, shall together constitute but one and the same instrument. -45- Section 13.15. Governing Law. This Indenture shall be construed in accordance with and governed by the Constitution and laws of the State. [The remainder of this page is intentionally left blank] -46- IN WITNESS WHEREOF, WEST CONTRA COSTA HEALTHCARE DISTRICT has caused this Indenture to be signed in its name by its Executive Director and U.S. Bank National Association, in token of its acceptance of the trusts created under this Indenture, has caused this Indenture to be signed in its name by one of its authorized officers, all as of the day and year first above written. WEST CONTRA COSTA HEALTHCARE DISTRICT By Executive Director U.S. BANK NATIONAL ASSOCIATION, as Trustee By Authorized Signatory Quint & Thimmig LLP 09/13/21 09/22/21 10/19/21 Exhibit A 23018.06 Page 1 EXHIBIT A FORM OF BOND United States of America State of California Contra Costa County WEST CONTRA COSTA HEALTHCARE DISTRICT (Contra Costa County, California) Refunding Revenue Bond, Series 2021 INTEREST RATE: MATURITY DATE: DATED DATE CUSIP NUMBER: __________% July 1, ____ December __, 2021 REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: ____________________ DOLLARS WEST CONTRA COSTA HEALTHCARE DISTRICT, a local health care district organized and existing under and pursuant to The Local Health Care District Law of the State of California (herein called the “District”), for value received, hereby promises to pay (but only out of the Parcel Tax Revenues (as defined in the hereinafter defined Indenture) and any other available moneys of the District therefor as hereinafter mentioned) to the Registered Owner stated above or registered assigns, on the Maturity Date stated above (subject to any right of prior redemption hereinafter mentioned), the Principal Sum stated above in lawful money of the United States of America, and to pay interest thereon in like lawful money from the date hereof until payment of such principal sum shall be discharged as provided in the Indenture hereinafter mentioned, at the Interest Rate per annum stated above (or, if applicable, at the Rate, as defined in the Indenture), payable semiannually on each January 1 and July 1 (each, an “Interest Payment Date”), commencing January 1, 2022. The principal (or redemption price) hereof is payable (without presentation) at the Principal Corporate Trust Office (as defined in the Indenture) of U.S. Bank National Association (together with any successor trustee, herein called the “Trustee”) (or at the principal corporate trust office of any successor trustee). Interest hereon is payable (without presentation) by check mailed on each Interest Payment Date to the Owner as of the fifteenth calendar day of the month (except with respect to defaulted interest) next preceding each Interest Payment Date (herein called a “Record Date”) at the address shown on the registration books maintained by the Trustee; provided that such principal and interest shall be paid by wire transfer to any registered owner of at least $1,000,000 in aggregate principal amount of Bonds if the registered owner makes a written request of the Trustee prior to the Record Date specifying the account address. This Bond is one of a duly authorized issue of bonds of the District designated as “West Contra Costa Healthcare District (Contra Costa County, California) Refunding Revenue Bonds, Series 2021” (herein called the “Bonds”), issued pursuant to the provisions of section 53570 et seq. of the California Government Code (herein called the “Law”), and an indenture, dated as of Exhibit A Page 2 December 1, 2021, by and between the District and the Trustee (herein called the “Indenture”), in the aggregate principal amount of ____________ dollars ($_______). All capitalized terms not otherwise defined shall have the meanings set forth in the Indenture. Reference is hereby made to the Indenture (a copy of which is on file at said office of the Trustee) and all indentures supplemental thereto and to the Law for a description of the rights thereunder of the registered owner of the Bonds, the nature and extent of the security, the rights, duties and immunities of the Trustee, and the rights and obligations of the District thereunder. The Owner of this Bond, by acceptance hereof, assents and agrees to all the provisions of the Indenture. The Bonds and the interest thereon are payable from and are secured by a pledge and assignment of Parcel Tax Revenues (as defined in the Indenture) and of amounts held in the funds and accounts established pursuant to the Indenture, subject only to the provisions of the Indenture permitting the application thereof for the purposes and on the terms and conditions set forth in the Indenture. The Bonds are limited obligations of the District and are not a lien or charge upon the funds or property of the District, except to the extent of the aforesaid pledge and assignment. Neither the faith and credit nor the tax revenues received by the District (other than the Parcel Tax Revenues) are pledged to the payment of the principal of or interest on the Bonds. The Bonds are not a debt of the State of California or any political subdivision thereof, and neither said State nor any political subdivision thereof (except the District to the extent provided in the Indenture) is liable for the payment thereof. The Bonds are subject to redemption prior to their stated maturity, at the option of the District, in whole or in part on any date on and after July 1, ____, at a redemption price equal to the principal amount of Bonds called for redemption, together with interest accrued thereon to the date fixed for redemption, without premium. [If applicable] The Bonds maturing on July 1, ____, are subject to mandatory sinking fund redemption on July 1 on the dates and in the amounts specified in the following table. Mandatory Sinking Fund Payment Date Sinking Fund (July 1) Payment Amount †Maturity The Bonds maturing on July 1, ____, are subject to mandatory sinking fund redemption on July 1 on the dates and in the amounts specified in the following table. Exhibit A Page 3 Mandatory Sinking Fund Payment Date Sinking Fund (July 1) Payment Amount †Maturity If this Bond is called for redemption and payment is duly provided therefor as specified in the Indenture, interest shall cease to accrue hereon from and after the date fixed for redemption. Notwithstanding the foregoing, in the case of any optional redemption of the Bonds, the notice of redemption may state that the redemption is conditioned upon receipt by the Trustee of sufficient moneys to redeem the Bonds on the anticipated redemption date, and that the optional redemption shall not occur if, by no later than the scheduled redemption date, sufficient moneys to redeem the Bonds have not been deposited with the Trustee. In the event that the Trustee does not receive sufficient funds by the scheduled optional redemption date to so redeem the Bonds to be optionally redeemed, such event shall not constitute an Event of Default; the Trustee shall send written notice to the Owner to the effect that the redemption did not occur as anticipated, and the Bonds for which notice of optional redemption was given shall remain Outstanding for all purposes of this Indenture. If an Event of Default (as that term is defined in the Indenture) shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Indenture. The Indenture provides that in certain events such declaration and its consequences may be rescinded by the registered owner of the Bonds then outstanding or by the Trustee. The Bonds are issuable as one fully registered bond. Subject to the limitations and upon payment of the charges, if any, provided in the Indenture, Bonds may be exchanged, at said office of the Trustee, for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations. This Bond is transferable by the Owner hereof, in person or by his or her attorney duly authorized in writing, at the principal corporate trust office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the Indenture, and upon surrender and cancellation of this Bond. Upon such transfer a new registered Bond or Bonds, of authorized denomination or denominations, of the same maturity for the same aggregate principal amount, will be issued to the transferee in exchange herefor. The District and the Trustee may treat the Owner hereof as the absolute owner hereof for all purposes, and the District and the Trustee shall not be affected by any notice to the contrary. The Indenture and the rights and obligations of the District, the registered owner of the Bonds and the Trustee may be modified or amended from time to time and at any time in the manner, to the extent and upon the terms provided in the Indenture; provided that no such modification or amendment shall (i) extend the fixed maturity of any Bond, or reduce the amount of principal hereof, or extend the time of payment or reduce the amount of any Mandatory Sinking Account Payment provided for in the Indenture for the payment of this maturity of Bonds, or reduce the rate of interest hereon, or extend the time of payment of interest hereon, or Exhibit A Page 4 reduce any premium payable upon the redemption hereof, without the consent of the registered owner of each Bond so affected, or (ii) reduce the percentage of Bonds the consent of the registered owner of which is required to effect any such modification or amendment, or permit the creation of any lien on the Parcel Tax Revenues and other assets pledged as security for the Bonds prior to or on a parity with the lien created by the Indenture, or deprive the registered owner of the Bonds of the lien created by the Indenture on such Parcel Tax Revenues and other assets (except as expressly provided in the Indenture), without the consent of the registered owner of the Bonds, all as more fully set forth in the Indenture. IT IS HEREBY CERTIFIED AND RECITED that any and all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by the Law, and by the Constitution and laws of the State of California, and that the amount of this Bond, together with all other indebtedness of the District, does not exceed any limit prescribed by the Constitution and laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Indenture. This Bond shall not be entitled to any benefit under the Indenture or become valid or obligatory for any purpose until the Trustee’s Certificate of Authentication hereon shall have been manually signed by the Trustee. Unless this Bond is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the District or the Trustee for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. IN WITNESS WHEREOF, WEST CONTRA COSTA HEALTHCARE DISTRICT has caused this Bond to be executed in its name and on its behalf by the facsimile signature of its Executive Director and attested by the facsimile signature of the Secretary of its Board of Directors, all as of the Dated Date stated above. WEST CONTRA COSTA HEALTHCARE DISTRICT By Executive Director Attest: Secretary Exhibit A Page 5 TRUSTEE’S CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the within-mentioned Indenture. Authentication Date: _______________ U.S. BANK NATIONAL ASSOCIATION, Trustee By Authorized Signatory Exhibit A Page 6 ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within Bond and do(es) hereby irrevocably constitute and appoint , attorney, to transfer the same on the registration books of the Trustee, with full power of substitution in the premises. Dated: _______________ Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution (banks, stock brokers, savings and loan associations and credit unions with membership in an approved signature guarantee medallion program) pursuant to Securities and Exchange Commission Rule 17 Ad-15. NOTICE: The signature(s) on this Assignment must correspond with the name(s) as written on the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. PRELIMINARY OFFICIAL STATEMENT DATED NOVEMBER __, 2021 NEW ISSUE—BOOK-ENTRY ONLY MOODY’S: “Aa3” (See “RATING” herein) In the opinion of Quint & Thimmig, LLP, Larkspur, California, Bond Counsel, subject to compliance by the District with certain covenants, interest on the 2021 Bonds is excludable from gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals. In addition, in the opinion of Bond Counsel, interest on the 2021 Bonds is exempt from personal income taxation imposed by the State of California. See “TAX MATTERS” herein. $__________ * WEST CONTRA COSTA HEALTHCARE DISTRICT (Contra Costa County, California) Refunding Revenue Bonds, Series 2021 Dated: As of the Date of Delivery Due: July 1, as shown below The captioned Refunding Revenue Bonds, Series 2021 (the “2021 Bonds”) are being issued and delivered to provide funds to (i) currently refund the Refunding Revenue Bonds Series 2018 and Series 2019 of West Contra Costa Healthcare District (the “District”) in the aggregate original principal amount of $50,538,000 (collectively, the “Refunded Bonds”) and (ii) pay costs of the financing, all as more fully described herein. The Refunded Bonds have been secured by the 2004 Parcel Tax Revenues (the “Parcel Tax Revenues”). The 2021 Bonds will be executed and delivered pursuant to an indenture of trust, by and between the District and U.S. Bank National Association, San Francisco, California, as trustee (the “Trustee”), dated as of December 1, 2021 (the “Indenture”). Interest with respect to the 2021 Bonds is payable semiannually on each January 1 and July 1, commencing July 1, 2022. Principal is payable on the dates set forth below. The 2021 Bonds are being delivered in fully registered form and, when delivered, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). DTC will act as securities depository of the 2021 Bonds. Individual purchases in the 2021 Bonds will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers of such interests will not receive securities representing their interests in the 2021 Bonds. Payments of principal, redemption premium, if any, and interest with respect to the 2021 Bonds are payable by the Trustee directly to DTC, which is obligated in turn to remit such principal, redemption premium, if any, and interest to DTC Participants, as described herein, for subsequent disbursement to the Beneficial Owners of the 2021 Bonds, as described herein. Principal of the 2021 Bonds will be payable upon surrender at the principal corporate trust office of the Trustee in San Francisco, California. The 2021 Bonds are subject to optional and mandatory redemption prior to maturity as described herein. The District is legally required under the Indenture to make principal and interest payments with respect to the 2021 Bonds from a first and prior lien on the Parcel Tax Revenues. The Parcel Tax Revenues are the annual amounts collected by Contra Costa County (the “County”) on behalf of the District from the 2004 Parcel Tax (the “2004 Parcel Tax”). The 2004 Parcel Tax is the special parcel tax approved by approximately 84% of the voters of the District at a special election held on June 8, 2004. See “SOURCE OF PAYMENT FOR THE 2021 BONDS” herein. Section 5451.5 of the California Government Code (the “Lien Statute”), imposes a lien on the Parcel Tax Revenues to secure the District’s obligations under the Indenture related to the 2021 Bonds and the Indenture. Pursuant to the Lien Statute, the Parcel Tax Revenues are immediately subject to such lien and the lien attaches to the Parcel Tax Revenues and is “effective, binding and enforceable against the District, its successors, purchasers of those revenues, creditors and others asserting rights therein, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing or further act.” See “THE 2004 PARCEL TAX AND RELATED MATTERS” herein. See also “RISKS TO OWNERS OF 2021 BONDS” herein for a discussion of certain factors that should be considered, in addition to other matters set forth herein, in evaluating an investment in the 2021 Bonds. THE OBLIGATION OF THE DISTRICT TO PAY THE PRINCIPAL AND INTEREST PAYMENTS WITH RESPECT TO THE 2021 BONDS DOES NOT CONSTITUTE AN OBLIGATION OF THE DISTRICT FOR WHICH THE DISTRICT IS REQUIRED TO LEVY OR PLEDGE ANY FORM OF TAXATION OR FOR WHICH THE DISTRICT HAS LEVIED OR PLEDGED ANY FORM OF TAXATION OTHER THAN THE PARCEL TAX REVENUES. THE OBLIGATION OF THE DISTRICT TO PAY PRINCIPAL AND INTEREST PAYMENTS WITH RESPECT TO THE 2021 BONDS DOES NOT CONSTITUTE A DEBT OF THE DISTRICT, THE COUNTY, THE STATE OF CALIFORNIA OR ANY OF ITS POLITICAL SUBDIVISIONS WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY DEBT LIMITATION OR RESTRICTION. The following registered municipal advisor served as financial advisor to the District on this financing: G.L. Hicks Financial, LLC MATURITIES, PRINCIPAL AMOUNTS, INTEREST RATES AND PRICES OR YIELDS $ Serial Bonds CUSIP† Prefix: Maturity Date Principal Interest CUSIP† Maturity Date Principal Interest CUSIP† (July 1) Amount Rate Yield Suffix (July 1) Amount Rate Yield Suffix $ % % $ % % $ % Term Bonds due July 1, 20__; Price: % to Yield %—CUSIP†: $ % Term Bonds due July 1, 20__; Price: % to Yield %—CUSIP†: THIS COVER PAGE CONTAINS CERTAIN INFORMATION FOR GENERAL REFERENCE ONLY. IT IS NOT INTENDED TO BE A SUMMARY OF THE SECURITY OR TERMS OF THIS ISSUE. INVESTORS ARE ADVISED TO READ THE ENTIRE OFFICIAL STATEMENT TO OBTAIN INFORMATION ESSENTIAL TO THE MAKING OF AN INFORMED INVESTMENT DECISION. The 2021 Bonds will be offered when, as and if delivered and received by the Underwriter, subject to approval by Quint & Thimmig LLP, Larkspur, California, Bond Counsel. Certain legal matters will be passed on for the District by Foley & Lardner, LLP, San Francisco, California, District Counsel. Jennings, Strouss & Salmon, P.L.C., Phoenix, Arizona, has acted as Disclosure Counsel to the District. Certain matters will be passed upon by McDougal Love Boehmer Foley Lyon & Mitchell, APC, La Mesa, California, as Counsel to the Underwriter. G.L. Hicks Financial, LLC, Orem, Utah, has acted as financial advisor to the District. It is anticipated that the 2021 Bonds, in book-entry form, will be available for delivery through the facilities of DTC on or about December __, 2021. PIPER|SANDLER Dated: December ___, 2021 * Preliminary, subject to change. † CUSIP is a registered trademark of The American Bankers Association. CUSIP data is provided by CUSIP Global Services, which operates the CUSIP system on behalf of the American Bankers Association and the Market Intelligence division of S&P Global. CUSIP numbers are provided for convenience of reference only. Neither the District nor the Underwriter assumes any responsibility for the accuracy of such numbers. GENERAL INFORMATION ABOUT THIS OFFICIAL STATEMENT THIS PRELIMINARY OFFICIAL STATEMENT HAS BEEN “DEEMED FINAL” AS OF ITS DATE BY THE DISTRICT PURSUANT TO RULE 15C2-12 OF THE SECURITIES AND EXCHANGE COMMISSION. THE DISTRICT HAS UNDERTAKEN TO PROVIDE CONTINUING DISCLOSURE ON CERTAIN MATTERS, INCLUDING ANNUAL FINANCIAL INFORMATION AND SPECIFIC ENUMERATED EVENTS, AS MORE FULLY DESCRIBED UNDER “CONTINUING DISCLOSURE UNDERTAKING” HEREIN. Use of Official Statement. This Official Statement is submitted in connection with the initial sale of the 2021 Bonds referred to herein and may not be reproduced or used, in whole or in part, for any other purpose. This Official Statement is not to be construed as a contract with the purchasers of the 2021 Bonds. Estimates and Forecasts. When used in this Official Statement and in any continuing disclosure by the District, in any press release and in any oral statement made with the approval of an authorized officer of the District, the words or phrases “will likely result,” “are expected to,” “will continue,” “is anticipated,” “estimate,” “project,” “forecast,” “expect,” “intend,” “budget” and similar expressions identify “forward looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward looking statements include but are not limited to certain statements under the caption “RISKS TO OWNERS OF 2021 BONDS.” The achievement of certain results or other expectations contained in such forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause actual results, performance or achievements described to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. The District does not plan to issue any updates or revisions to those forward-looking statements if or when its expectations or events, conditions or circumstances on which such statements are based occur. Limit of Offering. No dealer, broker, salesperson or other person has been authorized by the District to give any information or to make any representations in connection with the offer or sale of the 2021 Bonds other than those contained herein and if given or made, such other information or representation must not be relied upon as having been authorized by the District or the Underwriters. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of the 2021 Bonds by a person in any jurisdiction in which it is unlawful for such person to make such an offer, solicitation or sale. Involvement of Underwriter. The Underwriter has reviewed the information in this Official Statement in accordance with, and as a part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information. Information Change and Document References. The information and expressions of opinions herein are subject to change without notice and neither delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the District since the date hereof. All summaries of the documents referred to in this Official Statement, are made subject to the provisions of such documents, respectively, and do not purport to be complete statements of any or all of such provisions. THE PRICES AT WHICH THE 2021 BONDS ARE OFFERED TO THE PUBLIC BY THE UNDERWRITERS (AND THE YIELDS RESULTING THEREFROM) MAY VARY FROM THE INITIAL PUBLIC OFFERING PRICES OR YIELDS APPEARING ON THE COVER PAGE HEREOF. IN ADDITION, THE UNDERWRITER MAY ALLOW CONCESSIONS OR DISCOUNTS FROM SUCH INITIAL PUBLIC OFFERING PRICES TO DEALERS AND OTHERS. IN ORDER TO FACILITATE DISTRIBUTION OF THE 2021 BONDS, THE UNDERWRITER MAY ENGAGE IN TRANSACTIONS INTENDED TO STABILIZE THE PRICE OF THE 2021 BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. THE 2021 BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, IN RELIANCE UPON AN EXCEPTION FROM THE REGISTRATION REQUIREMENTS CONTAINED IN SUCH ACT. THE 2021 BONDS HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES LAWS OF ANY STATE. THESE SECURITIES HAVE NOT BEEN RECOMMENDED BY A FEDERAL OR STATE SECURITIES COMMISSION OR REGULATORY AUTHORITY. FURTHERMORE, THE FOREGOING AUTHORITIES HAVE NOT CONFIRMED THE ACCURACY OR DETERMINED THE ADEQUACY OF THIS DOCUMENT. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE. TABLE OF CONTENTS INTRODUCTION .....................................................1 General ...................................................................1 Purpose ..................................................................1 Security and Source of Payment for the 2021 Bonds .................................................................1 Risk Factors ...........................................................2 Redemption ............................................................2 Other Features of the 2021 Bonds ..........................2 The District ............................................................2 Continuing Disclosure ...........................................2 Other Matters .........................................................3 ESTIMATED SOURCES AND USES OF FUNDS ..................................................................3 PLAN OF FINANCE ................................................3 THE 2021 BONDS ....................................................4 General Provisions .................................................4 Optional Redemption .............................................4 Mandatory Sinking Fund Redemption ...................5 Selection of 2021 Bonds for Redemption ..............5 Notice of Redemption ............................................5 Effect of Redemption .............................................6 SOURCE OF PAYMENT FOR THE 2021 BONDS ..................................................................7 General ...................................................................7 Statutory Lien ........................................................7 Application of Parcel Tax Revenues ......................7 Limitations on Future Obligations Secured by Parcel Tax Revenues ..........................................8 Additional Payments ..............................................8 Debt Service Payments ..........................................8 THE 2004 PARCEL TAX AND RELATED MATTERS .............................................................9 Parcel Tax Measure D ............................................9 Parcel Tax Collection History .............................. 10 Historical Parcel Tax Collection and Debt Service Coverage ............................................. 11 Projected Parcel Tax Collection and Debt Service Coverage ............................................. 12 Deposit of Parcel Tax Revenues and Flow of Funds ................................................................ 12 RISKS TO OWNERS OF 2021 BONDS ................ 12 General ................................................................. 12 Bankruptcy of the District .................................... 13 Severe Economic Conditions ............................... 13 No Assurance of Secondary Market for the 2021 Bonds ...................................................... 14 Impact of Market Turmoil ................................... 14 Parity Debt ........................................................... 14 Tax Exempt Status of Interest on the 2021 Bonds ............................................................... 14 Factors That Could Affect the Enforceability of the Indenture ................................................ 15 Proposition 218 .................................................... 15 Earthquakes, Floods, Wildfires, Other Natural Disasters and Pandemics ..................... 15 CONTINUING DISCLOSURE ............................... 15 TAX MATTERS ..................................................... 16 INDEPENDENT ACCOUNTANTS ....................... 18 CERTAIN LEGAL MATTERS .............................. 18 ABSENCE OF LITIGATION ................................. 18 RATING .................................................................. 18 UNDERWRITING .................................................. 18 FINANCIAL ADVISOR ......................................... 19 VERIFICATION OF MATHEMETICAL COMPUTATIONS .............................................. 19 THE TRUSTEE ....................................................... 19 AVAILABILITY OF DOCUMENTS ..................... 19 MISCELLANEOUS ................................................ 19 APPENDIX A INFORMATION CONCERNING THE WEST CONTRA COSTA HEALTHCARE DISTRICT APPENDIX B AUDITED FINANCIAL STATEMENTS OF THE DISTRICT FOR THE FISCAL YEARS ENDED JUNE 30, 2021 AND 2020 APPENDIX C SUMMARY OF PRINCIPAL LEGAL DOCUMENTS APPENDIX D FORM OF BOND COUNSEL OPINION APPENDIX E FORM OF CONTINUING DISCLOSURE CERTIFICATE APPENDIX F BOOK-ENTRY SYSTEM OFFICIAL STATEMENT $__________ * WEST CONTRA COSTA HEALTHCARE DISTRICT (Contra Costa County, California) Refunding Revenue Bonds, Series 2021 INTRODUCTION General The purpose of this Official Statement, which includes the cover page, Table of Contents and Appendices (the “Official Statement”), is to provide certain information concerning the initial sale and delivery of $_________ * West Contra Costa Healthcare District (Contra Costa County, California) Refunding Revenue Bonds, Series 2021 (the “2021 Bonds”). Capitalized terms appearing herein and not otherwise defined have the respective meanings assigned to those terms in APPENDIX C—SUMMARY OF PRINCIPAL LEGAL DOCUMENTS—DEFINED TERMS. The 2021 Bonds will be issued and delivered pursuant to an indenture of trust, dated as of November 1, 2021 (the “Indenture”), by and between West Contra Costa Healthcare District (the “District”) and U.S. Bank National Association, San Francisco, California, as trustee (the “Trustee”). Purpose The 2021 Bonds are being issued and delivered to (i) currently refund the Refunded Bonds and (ii) pay costs of the financing. See “PLAN OF FINANCE.” Proceeds of the Refunded Bonds were used to fully refund the District’s 2004 Certificates of Participation (the “2004 Certificates”) and the District’s 2011 Certificates of Participation (the “2011 Certificates”), both of which issues were secured by Parcel Tax Revenues. Security and Source of Payment for the 2021 Bonds The District is required to pay, and directs Contra Costa County (the “County”) to pay the Trustee from the Parcel Tax Revenues, the principal of and interest on the 2021 Bonds. The Parcel Tax Revenues are the amounts collected by the County on behalf of the District from the 2004 Parcel Tax. The 2004 Parcel Tax is an annual special parcel tax on each taxable parcel of real property within the District (exclusive of parcels for which exemptions have been granted). The 2004 Parcel Tax measure was approved by approximately 84% of the voters of the District at a special election held on June 8, 2004. See “SOURCE OF PAYMENT FOR THE 2021 BONDS.” The District may, under certain circumstances, pledge the Parcel Tax Revenues to secure Parity Debt. See “SOURCE OF PAYMENT FOR THE 2021 BONDS—Limitations on Future Obligations Secured by Parcel Tax Revenues.” There are no restrictions in the Indenture on the District’s use of its revenues other than the Parcel Tax Revenues and no restrictions on the District granting additional liens on its other revenues. For certain financial and other information concerning the Parcel Tax Revenues, see “THE 2004 PARCEL TAX AND RELATED MATTERS” herein. For certain financial and other information concerning the District and the County other than the Parcel Tax Revenues, see APPENDIX A—INFORMATION CONCERNING THE WEST CONTRA COSTA HEALTHCARE DISTRICT and APPENDIX B—AUDITED FINANCIAL STATEMENTS OF THE DISTRICT FOR THE FISCAL YEARS ENDED JUNE 30, 2021 AND 2020. * Preliminary, Subject to Change -2- Risk Factors Investment in the 2021 Bonds involves risks. See “RISKS TO OWNERS OF THE 2021 BONDS” for a discussion of certain of these risks. Redemption The 2021 Bonds are subject to optional and mandatory sinking fund redemption prior to maturity as described herein. For further information concerning redemption of the 2021 Bonds, see “THE 2021 BONDS.” Other Features of the 2021 Bonds The 2021 Bonds are being delivered in fully registered form and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company. New York, New York (“DTC”). Individual purchases of the 2021 Bonds will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers of such interests will not receive securities representing their beneficial interest in the 2021 Bonds but will receive a credit balance on the records of DTC. Interest with respect to the 2021 Bonds is payable semiannually on each January 1 and July 1, commencing January 1, 2022, and the principal thereof is payable on the dates set forth on the cover page hereof (or upon the earlier redemption thereof) by the Trustee to DTC, which is obligated in turn to remit such principal and interest to the DTC Participants for subsequent disbursements to the Beneficial Owners. For further information concerning the terms of the 2021 Bonds, see “THE 2021 BONDS—General Description” and APPENDIX F—“BOOK-ENTRY SYSTEM.” The District The District, a local health care district formed in 1948, is a political subdivision of the State of California organized pursuant to the State’s Local Health Care District Law. The geographic area of the District encompasses the western portion of the County, which is located on the east side of San Francisco Bay, approximately 20 miles northeast of the City of San Francisco. The District formerly operated Doctor’s Medical Center, an acute care hospital located in San Pablo, California, which closed in April 2015 (the “Hospital”). After emerging from two bankruptcies in 2008 and 2018, the District sold its Hospital facility on April 3, 2018, and liquidated its remaining assets. It is in the process of settling its liabilities pursuant to the Second Amended Plan for Adjustments of Debts, dated July 1, 2017, which was confirmed by order of the United States Bankruptcy Court for the Northern District of California, Oakland Division, on January 3, 2018 (the “Bankruptcy Plan”). Upon its exit from the later bankruptcy, the District integrated its operations into the County. The County has taken over all administrative and other operations of the District, including appointing the County’s five members of the Board of Supervisors as the District’s Board of Directors. The District and the County have indicated that they have no current intention to operate health facilities in the future; however, the District has provided and intends to continue to provide grants and contributions to other local providers of healthcare services in the District from its receipt of excess Parcel Tax Revenues. For additional information about the Bankruptcy Plan, see APPENDIX A—“INFORMATION CONCERNING THE WEST CONTRA COSTA HEALTHCARE DISTRICT-Bankruptcy.” For other information relating to the District, including statistical, demographic and financial information, see APPENDIX A— “INFORMATION CONCERNING THE WEST CONTRA COSTA HEALTHCARE DISTRICT.” Continuing Disclosure The District has covenanted in a continuing disclosure certificate (the “Continuing Disclosure Certificate”) to provide, or cause to be provided, for purposes of Rule 15c2–12(b)(5) adopted by the Securities and Exchange Commission (the “Rule”) certain annual financial information and operating data of the type set forth herein including, but not limited to, the amount of Parcel Tax Revenues received during each year, its audited financial statements and, in a timely manner, notice of certain enumerated events. See “CONTINUING DISCLOSURE UNDERTAKING” herein and APPENDIX E—“FORM OF CONTINUING DISCLOSURE CERTIFICATE” for a description of the -3- specific nature of the annual report and notices of material events and a summary description of the terms of the Continuing Disclosure Certificate pursuant to which such reports and notices are to be made. Other Matters This Introduction is qualified in its entirety by reference to the more detailed information included and referred to elsewhere in this Official Statement. The offering of the 2021 Bonds to potential investors is made only by means of the entire Official Statement. This Official Statement speaks only as of its date, and the information and expressions of opinion contained herein are subject to change without notice and neither delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the District since the date hereof. This Official Statement, including any supplement or amendment hereto, is intended to be deposited with the Municipal Securities Rulemaking Board (the “MSRB”) by the Underwriter via the Electronic Municipal Market Access system or “EMMA.” All references to and summaries of provisions of the Indenture are qualified in their entirety by reference to the complete Indenture, copies of which are available for inspection at the principal corporate trust office of the Trustee in San Francisco, California. ESTIMATED SOURCES AND USES OF FUNDS The proceeds to be received from the sale of the 2021 Bonds are anticipated to be applied as follows: SOURCES: Par Amount of 2021 Bonds $ Plus/Less: Original Issue Premium/Discount Less: Underwriter’s Discount Total Sources of Funds $ USES: Deposit to Escrow Fund (1) $ Deposit to Costs of Issuance Fund (2) Total Uses of Funds $ (1) Amounts deposited in the Escrow Fund will be used to refund all outstanding Refunded Bonds on January 1, 2022. (2) Amounts deposited in the Costs of Issuance Fund will be applied to the payment of all items of expense directly or indirectly payable by or reimbursable to the District relating to the financing, including but not limited to initial fees and charges and first year’s administration fee of the Trustee, Trustee’s counsel fees and expenses, legal fees and charges, financial and other professional consultant fees and costs of rating agencies. PLAN OF FINANCE The proceeds of the 2021 Bonds will be used to (i) currently refund all outstanding Refunded Bonds (currently outstanding in the aggregate principal amount of $50,538,000) and (ii) pay costs of the financing. A portion of the proceeds from the sale of the 2021 Bonds will be deposited into an escrow fund (the “Escrow Fund”) to be created and maintained by U.S. Bank National Association, as escrow bank (the “Escrow Bank”) under an escrow agreement by and between the District and the Escrow Bank. A portion of the monies deposited in the Escrow Fund will be invested in the U.S. Treasury Securities, Treasury Securities – State and local Government Series and/or cash. The uninvested cash in the Escrow Fund, any maturing federal securities and the interest thereon will be applied by the Escrow Bank for the sole purpose of paying the principal of and interest on the Refunded Bonds to and -4- including January 1, 2022, and of redeeming the then outstanding Refunded Bonds in full on January 1, 2022 at a redemption price equal to 100% of the principal amount thereof, without premium. Sufficiency of any maturing principal of the federal securities, the investment earnings thereon and the uninvested cash will be verified by Robert Thomas, CPA, LLC (the “Verification Agent”). See “VERIFICATION OF MATHEMATICAL COMPUTATIONS” herein. Assuming the accuracy of the Verification Agent’s computations, the District’s obligations with respect to the Refunded Bonds will be discharged upon the funding of the Escrow Fund. THE 2021 BONDS General Provisions The 2021 Bonds will be dated as of their date of delivery, will be entitled to interest at the rates per annum set forth on the cover page hereof, payable semiannually on each January 1 and July 1, commencing July 1, 2022 (each, an “Interest Payment Date”), and will be payable as to principal on July 1 in each year of the designated years set forth on the cover page hereof. The 2021 Bonds will be issued and delivered in fully registered form without coupons, in the denomination of $5,000 each or any integral multiple thereof. Principal of the 2021 Bonds will be payable upon surrender at the principal corporate trust office of the Trustee in San Francisco, California. Interest with respect to the 2021 Bonds will be payable by check or draft mailed by first class mail to the Owners at the addresses listed on the registration books maintained by the Trustee for such purpose or, upon written request of an owner of at least $1,000,000 in aggregate principal amount of the 2021 Bonds, by wire transfer to an account in the United States of America at said Owner’s sole cost and expense. The 2021 Bonds, when delivered, will be registered in the name of Cede & Co., as registered owner and nominee of The Depository Trust Company, New York, New York (“DTC,” together with any successor securities depository, the “Securities Depository”). DTC will act as Securities Depository for the 2021 Bonds so purchased. Individual purchases will be made in book-entry-only form. Purchasers will not receive a certificate representing their beneficial ownership interest in 2021 Bonds. So long as Cede & Co. is the registered owner of the 2021 Bonds, as nominee of DTC, references herein to the Owners, holders or registered owners shall mean Cede & Co. as aforesaid, and shall not mean the “Beneficial Owners” of the 2021 Bonds. In this Official Statement, the term “Beneficial Owner” shall mean the person for whom a Participant (as defined herein) acquires an interest in the 2021 Bonds. See APPENDIX F—“BOOK-ENTRY SYSTEM.” So long as Cede & Co. is the registered owner of the 2021 Bonds, principal of, premium (if any) and interest on the 2021 Bonds are payable by wire transfer of same-day funds by the Trustee to Cede & Co., as nominee for DTC. DTC is obligated, in turn, to remit such amounts to DTC Participants for subsequent disbursement to the Beneficial Owners. See APPENDIX F—“BOOK-ENTRY SYSTEM.” In the event the use of the book-entry-only system is discontinued, principal of the 2021 Bonds will be payable upon surrender thereof at the principal corporate trust office of the Trustee in San Francisco, California. Interest payable on the 2021 Bonds will be paid by check mailed on the Interest Payment Date to the person in whose name each 2021 Bond is registered in the registration books maintained by the Trustee as of the Regular Record Date for such Interest Payment Date; provided that registered Owners of $1,000,000 or more in aggregate principal amount of 2021 Bonds may request payment by wire transfer, such request to be submitted in writing to the Trustee on or before the Regular Record Date for such Interest Payment Date in accordance with the provisions set forth in the Indenture. Optional Redemption The 2021 Bonds maturing on or before July 1, 20__, are not subject to optional redemption prior to their respective stated maturities. The 2021 Bonds maturing on or after July 1, 20__, are subject to optional redemption in whole or in part on any date on or after July 1, 20__, from the proceeds of optional payments made by the District -5- pursuant to the Indenture, at a redemption price equal to the principal amount of the 2021 Bonds to be redeemed, together with accrued interest to the date fixed for redemption, without premium. Mandatory Sinking Fund Redemption The 2021 Bonds maturing on July 1, 20__, are subject to mandatory redemption on July 1 of each year commencing July 1, 20__, in the respective principal amounts set forth below, from the scheduled principal payments due in such years, at a redemption price equal to the principal amount thereof to be redeemed, without premium, together with accrued interest and unpaid thereon to the date fixed for redemption: Mandatory Redemption Date (July 1) Principal Amount $ † †Maturity The 2021 Bonds maturing on July 1, 20__, are subject to mandatory redemption on July 1 of each year commencing July 1, 20__, in the respective principal amounts set forth below, from the scheduled principal payments due in such years, at a redemption price equal to the principal amount thereof to be redeemed, without premium, together with accrued interest and unpaid thereon to the date fixed for redemption: Mandatory Redemption Date (July 1) Principal Amount $ † †Maturity Selection of 2021 Bonds for Redemption Whenever less than all outstanding 2021 Bonds are called for redemption pursuant to the Indenture, the Trustee will select 2021 Bonds for redemption in any order of maturity as selected in writing by the District (and if not selected by the District, pro rata among maturities) and by lot within a maturity. The Trustee will promptly notify the District in writing of the 2021 Bonds so selected for redemption. Notice of Redemption Notice of any such redemption will be given by the Trustee on behalf and at the expense of the District by mailing a copy of a redemption notice by first class mail at least thirty (30) days and not more than sixty (60) days prior to the date fixed for redemption to such Owner of the 2021 Bond or 2021 Bonds (Cede & Co., as long as DTC acts as the securities depository of the 2021 Bonds) to be redeemed at the address shown on the 2021 Bonds Register maintained by the Trustee; provided, however, that neither the failure to receive such notice nor any defect in any notice will affect the sufficiency of the proceedings for the redemption of the 2021 Bonds. -6- All notices of redemption will be dated and will state: (i) the redemption date, (ii) the redemption price, (iii) if less than all outstanding 2021 Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the 2021 Bonds to be redeemed, (iv) that on the redemption date the redemption price will become due and payable with respect to each such 2021 Bond or portion thereof called for redemption, and that interest with respect thereto will cease to accrue from and after said date, (v) the place where such 2021 Bonds are to be surrendered for payment of the redemption price, which place of payment will be the principal corporate trust office of the Trustee. In addition to the foregoing notice, notice will be given by the Trustee by telecopy, registered, certified or overnight mail, to all Securities Depositories one Business Day prior to the date of mailing of notice to the Owners and to an Information Service on the date such notice is mailed to the Owners, which will state the information set forth above, but no defect in said notice nor any failure to give all or any portion of such further notice will in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed above. Neither the District nor the Trustee will have any responsibility for a defect in the CUSIP number that appears on any 2021 Bond or in the redemption notice. The redemption notice may provide that the CUSIP numbers have been assigned by an independent service and are included in the notice solely for the convenience of 2021 Bond Owners and that the Trustee and the District will not be liable in any way for inaccuracies in said numbers. With respect to any notice of optional redemption of 2021 Bonds, unless, upon the giving of such notice, such 2021 Bonds are deemed to have been paid as provided in the Indenture, such notice will state that such redemption is conditional upon the receipt by the Trustee on or prior to the date fixed for such redemption of amounts sufficient to pay the principal of, and premium, if any, and interest on, such 2021 Bonds to be redeemed, and that if such amounts have not been so received said notice will be of no force and effect and the District will not be required to redeem such 2021 Bonds. In the event that such notice of redemption contains such a condition and such amounts are not so received, the redemption will not be made and the Trustee will within a reasonable time thereafter give notice to the Owners to the effect that such amounts were not so received and such redemption was not made, such notice to be given by the Trustee in the manner in which the notice of redemption was given. Effect of Redemption Notice having been given as aforesaid, and the moneys for the redemption, including interest to the applicable redemption date and premium, if any, having been set aside in the appropriate fund under the Indenture, the 2021 Bonds to be redeemed will become due and payable on said redemption date, and, upon presentation and surrender thereof at the office or offices specified in said notice, said 2021 Bonds will be paid at the unpaid principal amount with respect thereto, plus redemption premium, if any, and any unpaid and accrued interest to said redemption date. Interest due on or prior to the redemption date will be payable as provided in the Indenture for payment of interest. If, on said redemption date, moneys for the redemption of all the 2021 Bonds to be redeemed, together with interest to said redemption date, will be held by the Trustee so as to be available therefor on such redemption date, and, if notice of redemption thereof will have been given as described in “THE 2021 BONDS—Notice of Redemption,” then, from and after said redemption date, interest with respect to the 2021 Bonds to be redeemed will cease to accrue and become payable. If said moneys will not be so available on said redemption date, interest with respect to such 2021 Bonds will continue to be payable at the same rates as it would have been payable had the 2021 Bonds not been called for redemption. All moneys held by or on behalf of the Trustee for the redemption of particular 2021 Bonds will be held in trust for the account of the Owners of the 2021 Bonds so to be redeemed. The Trustee will not be liable for any interest earned on the amounts so held. All 2021 Bonds which have been redeemed will be canceled by the Trustee, will not be reissued and will be destroyed pursuant to the Indenture. Upon surrender of any 2021 Bond redeemed in part only, the Trustee will execute and deliver to the Owner thereof, at the expense of the District, a new 2021 Bond or 2021 Bonds of authorized denominations equal in aggregate principal amount to the unredeemed portion of the 2021 Bond surrendered and of the same interest rate and the same maturity. -7- SOURCE OF PAYMENT FOR THE 2021 BONDS General The obligation of the District to make payments of principal and interest with respect to the 2021 Bonds is secured by a first and prior lien on the Parcel Tax Revenues created pursuant to section 5451.5 of the California Government Code (the “Lien Statute”) and is subject to any existing or future liens or encumbrances thereon. See “THE 2004 PARCEL TAX AND RELATED MATTERS” herein. Payment of principal and interest with respect to the 2021 Bonds will be made solely from the Parcel Tax Revenues and not from any other revenues or funds of the District. The obligation of the District to pay principal and interest with respect to the 2021 Bonds does not constitute an obligation of the District for which the District is obligated to levy or pledge any form of taxation or for which the District has levied or pledged any form of taxation, other than the Parcel Tax Revenues. The obligation of the District to pay principal and interest with respect to the 2021 Bonds does not constitute a debt of the District, the County, the State of California or any of its political subdivisions within the meaning of any constitutional or statutory debt limitation. The obligation of the District to make principal and interest payments with respect to the 2021 Bonds from Parcel Tax Revenues, to deliver or caused to be delivered to the Trustee the Parcel Tax Revenues and to perform and observe the other agreements contained in the Indenture, will be absolute and unconditional and will not be subject to any defense or any right of set-off, counterclaim or recoupment arising out of any breach of the Trustee of any obligation to the District, or otherwise. Until such time as all of the principal and interest payments with respect to the 2021 Bonds have been fully paid or prepaid, the District (a) will not suspend, abate, or discontinue any payments provided for in the Indenture, (b) will perform and observe all other agreements contained in the Indenture, and (c) will not terminate the term of the Indenture for any cause, including, without limiting the generality of the foregoing, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either thereof or any failure of the Trustee to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with the Indenture. Statutory Lien The Lien Statute imposes a lien on the Parcel Tax Revenues to secure the District’s obligations under the Indenture. Pursuant to the Lien Statute, the Parcel Tax Revenues are immediately subject to such lien and the lien immediately attaches to the Parcel Tax Revenues and is effective, binding and enforceable against the District, its successors, purchasers of the Parcel Tax Revenues, creditors and others asserting rights therein, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing or further act. See “RISKS TO OWNERS OF THE 2021 BONDS – Bankruptcy of the District” herein. Application of Parcel Tax Revenues Transfer to Pay the 2021 Bonds. In order to provide for the payment of the principal and interest with respect to the 2021 Bonds when due, the District will direct the County, so long as the 2021 Bonds are outstanding, to transfer to the Trustee, as collected by the County, all Parcel Tax Revenues. The Trustee will apply all Parcel Tax Revenues for deposit into the Debt Service Fund established under the Indenture, to pay principal and interest due on the next occurring Interest Payment Dates, as required under the Indenture. The District is obligated to make payments sufficient to pay all principal and interest due with respect to the 2021 Bonds (whether at a scheduled payment date, redemption, acceleration or otherwise). Any Parcel Tax Revenues received by the District from the County shall be immediately transferred to the Trustee. Transfer to District. Upon receipt by the Trustee of Parcel Tax Revenues sufficient for the payment of the 2021 Bonds, and payments with respect to Parity Debt, if any, due on the January 1 and July 1 Interest Payment Dates in the subject calendar year, all excess Parcel Tax Revenues shall be transferred to the District and may be used by the District for any lawful purpose. -8- Limitations on Future Obligations Secured by Parcel Tax Revenues No Obligations Superior to the 2021 Bonds. In order to protect the availability of the Parcel Tax Revenues and the security for the 2021 Bonds, and any Parity Debt, the District agrees that it will not, so long as any 2021 Bonds are outstanding, issue or incur any obligations payable from Parcel Tax Revenues superior to the 2021 Bonds, or any Parity Debt. Parity Debt. The District further covenants that, except for obligations issued or incurred to prepay the 2021 Bonds in full pursuant to the Indenture, the District will not issue or incur any Parity Debt unless: The District is not in default under the terms of the Indenture. The Trustee is the trustee on the Parity Debt. Parcel Tax Revenues, calculated pursuant to generally accepted accounting principles, as shown by the audited financial statements of the District for the latest Fiscal Year, shall have amounted to at least 1.25 times the sum of the maximum annual debt service on the 2021 Bonds and on all Parity Debt coming due and payable in that and any future Fiscal Year to be outstanding immediately subsequent to the incurring of such additional obligations. Interest with respect to such Parity Debt shall be paid on January 1 and July 1. Principal with respect to such Parity Debt shall be paid on July 1. Subordinate Debt. The District further covenants that the District shall not issue or incur any Subordinate Debt secured by Parcel Tax Revenues unless: The District is not in default under the terms of the Indenture. Parcel Tax Revenues, calculated pursuant to generally accepted accounting principles, as shown by the audited financial statements of the District for the latest Fiscal Year shall have amounted to at least 1.10 times the sum of the maximum amount debt service on the 2021 Bonds, all Parity Debt and on all Subordinate Debt coming due and payable in that and any future Fiscal Year to be outstanding immediately subsequent to the incurring of such additional obligations. Interest with respect to such Subordinate Debt shall be paid on January 1 and July 1. Principal with respect to such Subordinate Debt shall be paid on July 1. Additional Payments In addition to the payments of principal and interest with respect to the 2021 Bonds, the District will pay when due, from Parcel Tax Revenues, all costs and expenses incurred by the District to comply with the provisions of the Indenture, including, without limitation, compensation due to the Trustee for its fees, costs and expenses incurred under the Indenture. Debt Service Payments Principal and interest payments are required to be made by the District under the Indenture in amounts equal to principal and interest due on the 2021 Bonds. The Indenture requires that Parcel Tax Revenues in an amount sufficient to make principal and interest payments in a timely manner be deposited in the Debt Service Fund maintained by the Trustee. Pursuant to the Indenture, the Trustee will apply such amounts in the Debt Service Fund as are necessary to make principal and interest payments due with respect to the 2021 Bonds on January 1 and July 1 of each year sufficient to meet the amortization of the 2021 Bonds. -9- The following table shows the annual debt service payments requirements of the District for the 2021 Bonds: Year Ending July 1 Principal Payments Interest Payments Total $ $ $ 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Total $ $ $ THE 2004 PARCEL TAX AND RELATED MATTERS Parcel Tax Measure D The Board of Directors of the District (the “Board”) adopted a resolution on March 9, 2004, proposing a special tax (the “2004 Parcel Tax”) to help ensure continued local access to emergency room care, acute hospital care and other medical services for residents of the District and visitors to the area. On June 8, 2004, approximately 84% of the residents of the District voted to approve “Measure D,” the ballot measure whereby voters were asked to decide whether the 2004 Parcel Tax should be imposed on taxable parcels of real property within the District. The revenues raised by the 2004 Parcel Tax (the “Parcel Tax Revenues”) were used by the District to defray operating expenses and capital improvement expenditures of its health care operations. Additionally, in accordance with Measure D, the Parcel Tax Revenues were used to secure debt issued to defray operating expenses and capital expenditures, and have been used to repay such debt, and will be used to secure and repay the debt evidenced by the 2021 Bonds. Under Measure D, a taxable parcel is any unit of real property in the District that appears on the annual secured County property tax roll. The 2004 Parcel Tax is collected by the County Treasurer-Tax Collector at the same time, in the same manner and subject to the same penalties as secured ad valorem property taxes collected by the County Treasurer-Tax Collector, as described in APPENDIX A—INFORMATION CONCERNING WEST CONTRA COSTA HEALTHCARE DISTRICT—PROPERTY TAX—Property Tax Collection Procedures. Measure D requires the assessment of the 2004 Parcel Tax to be based upon the use code for each taxable parcel of property located within the District. The 2004 Parcel Tax is collected at the following annual rates and on the following use codes used by the County Assessor’s Office to identify and categorize property: -10- Use Code Rate Single-family Residential/Vacant/Misc. (Use Codes 10-19, 61-62, 69, 81-85, 88-89) $52 Small Multi-unit Residential (Use Codes 20-24, 29) $104 Small Commercial/Industrial (Use Codes 25, 30-32, 34-37, 40, 48, 56, 63, 67, 80) $312 Medium Commercial/Industrial (Use Codes 26, 33, 43-47, 49-50, 53, 64) $520 Large Commercial/Industrial (Use Codes 27-28, 38-39, 41-42, 51-52, 54-55, 68, 70, 76, 86) $1,040 The Parcel Tax Revenues are deposited into a separate account held by the County Treasurer-Tax Collector, in accordance with section 50075.1 of the California Government Code, and are remitted to the Trustee until all of the 2021 Bonds and any Parity Debt are fully repaid, pursuant to the provisions of the Indenture and written direction from the District to the County Assessor, as described below. The District files an annual report with the Board, which report includes the amount of Parcel Tax Revenues collected and expended, and which otherwise complies with the accountability measures established in section 50075.1, et seq of the California Government Code. The following table provides a five-year history of the number of parcels located within the District segregated by property use code. The District had a total parcel count of 77,358 for the fiscal year 2018-2019. The number of parcels has increased by 1.3% over the five-year period from 2014-15 to 2018-19. Parcel Count by Fiscal Year Parcel Tax Category 2014-15 2015-16 2016-17 2017-18 2018-19 Single Family Residential/Vacant/Miscellaneous 62,460 62,755 63,019 63,214 63,423 Small Multi-Unit Residential 9,950 9,951 9,986 10,007 10,138 Small Commercial/Industrial 2,062 2,064 2,064 2,056 2,054 Medium Commercial/Industrial 1,431 1,280 1,280 281 1,281 Large Commercial/Industrial 460 460 460 461 462 Total 76,363 76,510 76,809 77,019 77,358 Source: California Municipal Statistics, Inc. Parcel Tax Collection History The following tabulation shows a ten-year history of the Parcel Tax levy, the tax amount delinquent and the percentage of taxes delinquent each year as of June 30. -11- Secured Tax Charge Amount Delinquent June 30(1) Percentage Delinquent June 30 2011-12 $5,684,068.00 $227,942.00 4.01% 2012-13 5,677,308.00 207,480.00 3.65 2013-14 5,667,610.00 169,000.00 2.98 2014-15 5,679,336.00 163,124.00 2.87 2015-16 5,649,228.00 156,364.00 2.77 2016-17 5,647,044.00 140,504.00 2.49 2017-18 5,640,414.00 125,346.00 2.22 2018-19 5,638,308.00 127,270.00 2.26 2019-20 5,645,328.00 144,924.00 2.57 2020-21 5,652,296.00 125,398.00 2.22 Source: California Municipal Statistics, Inc. and Contra Costa County (1) Note, the District currently receives the full Secured Tax Charge from the County regardless of the delinquencies as Contra Costa County utilizes the Teeter Plan as described in APPENDIX A- “INFORMATION CONCERNING WEST CONTRA COSTA-PROPERTY TAX-Teeter Plan”. The 2004 Parcel Tax is not levied on the basis of the assessed valuation of property, but is levied annually on the basis of a fixed amount for each of the five use code categories referenced above. However, the 2004 Parcel Tax is collected by the County at the same time as secured ad valorem property taxes are levied and collected. Unless and until the Board of Supervisors of the County orders discontinuance of the Teeter Plan with respect to the 2004 Parcel Tax, the District is credited with 100% of the scheduled 2004 Parcel Tax payments without regard to actual amounts collected. If the Teeter Plan is discontinued, only the Parcel Tax Revenues actually collected would be allocated to the District; however, the District would realize the benefit of interest and penalties collected from delinquent taxpayers, pursuant to law. See APPENDIX A—“INFORMATION CONCERNING THE WEST CONTRA COSTA HEALTHCARE DISTRICT—PROPERTY TAX—Teeter Plan” for a discussion of the Teeter Plan. See “RISKS TO OWNERS OF 2021 BONDS – Severe Economic Conditions” herein. Historical Parcel Tax Collection and Debt Service Coverage The following table provides a five-year history by fiscal year of the Parcel Tax Revenues, debt service requirements of the applicable debt obligations then secured by the Parcel Tax Revenues and the debt service coverage ratio related thereto. 2016-17 2017-18 2018-19 2019-20 2020-21 Parcel Tax Revenues $5,647,044 $5,640,414 $5,638,308 $5,645,328 $5,652,296 2004 Certificates Debt Service 1,895,536 445,003 2011 Certificates Debt Service 2,458,500 2,460,900 1,186,463 2018 Revenue Bonds Debt Service 1,247,050 1,673,357 1,674,066 1,674,733 2019 Revenue Bonds Debt Service 1,271,463 1,772,048 1,783,593 Total Debt Service 4,354,036 4,152,953 4,131,282 3,446,113 3,458,326 Debt Service Coverage Ratio 1.30x 1.36x 1.36x 1.64x 1.63x Source: District Records. -12- Projected Parcel Tax Collection and Debt Service Coverage The following table indicates the estimated total amount of Parcel Tax Revenues expected to be received by the District for the five fiscal years beginning with 2021-22, debt service requirements of the 2021 Bonds and the debt service coverage ratio. 2021-22 2022-23 2023-24 2024-25 2025-26 Parcel Tax Revenues (1) $5,652,296 $5,652,296 $5,652,296 $5,652,296 $5,652,296 2021 Bonds Debt Service* $3,321,440 $3,317,300 $3,322,250 $3,325,400 $3,321,750 Debt Service Coverage Ratio 1.70x 1.70x 1.70x 1.70x 1.70x * Preliminary, subject to change. (1) Projected Parcel Tax Revenues assumes the receipts are constant for future years based on 2020-21 receipts. Deposit of Parcel Tax Revenues and Flow of Funds Pursuant to the Indenture and the Agreement for Collection of Special Taxes, Fees, Charges and Assessments between the District and the County (the “Tax Collection Agreement”), the District and the County agree as follows: Pursuant to the Tax Collection Agreement, the County agrees to collect on its tax rolls the 2004 Parcel Tax and other special taxes, fees, charges or assessments to be collected for the benefit of the District. So long as the 2021 Bonds and any Parity Debt are outstanding, the District is required, and has, directed the County to remit all Parcel Tax Revenues upon collection to the Trustee. Pursuant to the Indenture, the Trustee and the District agree to deposit in the Debt Service Fund all Parcel Tax Revenues remitted by the County or the District to the Trustee. Furthermore, the Trustee agrees to use all amounts contained in the Fund for the sole purpose of paying principal, interest and redemption premiums, if any, with respect to the 2021 Bonds and any Parity Debt. Upon receipt by the Trustee of Parcel Tax Revenues sufficient for the payment of the debt service with respect to the 2021 Bonds and any Parity Debt due on the January 1 and July 1 Interest Payment Dates of the subject calendar year, all excess Parcel Tax Revenues are required to be transferred to the District for any lawful purpose of the District. This process is repeated each calendar year. The County collects the 2004 Parcel Tax at the same time, in same manner and subject to the same penalties as secured ad valorem property taxes. See APPENDIX A—INFORMATION CONCERNING WEST CONTRA COSTA HEALTHCARE DISTRICT —PROPERTY TAX. RISKS TO OWNERS OF 2021 BONDS The following section describes certain special considerations and risk factors affecting the risk of nonpayment, timely payment, the security for, or the market price of, the 2021 Bonds. The following discussion is not meant to be an exhaustive or definitive description of the risks associated with a purchase of any 2021 Bond and does not necessarily reflect the relative importance of the various risks. Potential investors are advised to consider the following special factors regarding the 2021 Bonds, together with all other information in this Official Statement in order to make an informed investment decision with respect to the 2021 Bonds. There can be no assurance that other risk factors are not or will not become material in the future. General The payment of principal of and interest on the 2021 Bonds is secured solely by a pledge of the Parcel Tax Revenues. No assurance can be made that the County will be able to collect Parcel Tax Revenues in an amount sufficient to pay the debt service on the 2021 Bonds. See “SOURCE OF PAYMENT FOR THE 2021 BONDS.” Further, there can be no assurance that the voters of the County will not, by initiative, reduce or attempt to reduce the -13- annual levy of the Parcel Tax below the amount required to pay debt service on the Bonds. See “Proposition 218” below. Bankruptcy of the District As discussed herein the District has emerged from two bankruptcies, one filed in 2008 and the other in 2018. In the event the District files a new bankruptcy petition under the United States Bankruptcy Code (the “Bankruptcy Code”), the rights and remedies of the Owners of the 2021 Bonds could be impacted by various provisions of the Bankruptcy Code. Given the status of the District as a governmental entity, such a petition would be eligible to be filed only under chapter 9 of the Bankruptcy Code. While there is no expectation that the County would put the District into bankruptcy again, the discussion below is provided in case that unexpected occurrence nevertheless transpires. Automatic Stay. Pursuant to the “automatic stay” of section 922 of the Bankruptcy Code, the filing of a chapter 9 petition by the District would automatically operate as an injunction against, among other things, (i) the commencement or continuation of any judicial or other proceedings against the District and its property, (ii) all acts to recover on preexisting claims against the District, (iii) acts to enforce a lien or otherwise obtain possession of, or exercise control over, property of the District, or (iv) setoff of any obligations against preexisting claims held by the District, unless the consent of the bankruptcy court is first obtained. The bankruptcy court is not required to give its consent. Specifically, this prohibition may prohibit the Trustee and the holders of the 2021 Bonds from taking action against the District to enforce the terms of the 2021 Bonds, the Indenture or any other agreement relating to the 2021 Bonds. This prohibition may prohibit the Trustee from making payments on the 2021 Bonds with funds in its possession or Parcel Tax Revenues that are paid to the Trustee by the County, and thus there may be delays in payments on the 2021 Bonds. The County may be prohibited from paying Parcel Tax Revenues to the Trustee. Statutory Lien. The District’s obligation to make payments on the 2021 Bonds is secured by a lien on the Parcel Tax Revenues created by the Lien Statute. The District believes, based on its previous bankruptcy experience, that if the District were to become a debtor in a case under the Bankruptcy Code commenced after the date of delivery of the 2021 Bonds, and the matter were properly briefed and presented to a federal court with jurisdiction over such bankruptcy case, the court, exercising reasonable judgment after full consideration of all relevant factors, would hold that the lien on the Parcel Tax Revenues described in the Lien Statute as securing the 2021 Bonds is a “statutory lien” within the meaning of section 101(53) of the Bankruptcy Code so that section 552(a) of the Bankruptcy Code would not cause Parcel Tax Revenues acquired by the District after the commencement of such case to not be subject to such lien. Payments on the 2021 Bonds could, however, be delayed by reason of the automatic stay. Debtor In Possession Financing. In bankruptcy, the District may be able to borrow additional money that is secured by a lien on the Parcel Tax Revenues, which lien could have priority over the lien provided by the Lien Statute as long as the bankruptcy court determines that the rights of the holders of the 2021 Bonds will be adequately protected within the meaning of the Bankruptcy Code. Potential Modification of Terms. The District may be able, without the consent and over the objection of the Trustee and the holders of the 2021 Bonds, to alter the priority, interest rate, payment terms and amount, maturity dates, payment sources, covenants and other terms or provisions of the 2021 Bonds, the Indenture or any other agreement relating to the 2021 Bonds, as long as the alterations are fair and equitable as determined by the bankruptcy court. Other Matters. There may be other possible effects of a bankruptcy of the District that could result in delays or reductions in payments on, or other losses with respect to, the 2021 Bonds. Regardless of any specific adverse determinations in a bankruptcy proceeding, the fact of a bankruptcy proceeding by the District could have an adverse effect on the liquidity and value of the 2021 Bonds. Severe Economic Conditions In the event of a severe economic crisis in the U.S. economy at large or one that particularly affects the District and its population, residents, and commercial and industrial property owners in the District may choose not -14- to or be unable to pay their parcel taxes. Wholesale failure to pay parcel taxes would likely trigger the decision by the County to terminate the Teeter Plan with the District, thereby ending the County’s payment of 100% of allocated parcel tax assessments to the District. In that case, the District would receive only parcel taxes actually paid and would have to wait for successful foreclosure to receive delinquent taxes. In a catastrophic situation owners may abandon their property and others would not have an interest in purchasing those properties. As a result, an unprecedented failure in parcel tax collections would occur and the 2021 Bond debt service may not be made. No Assurance of Secondary Market for the 2021 Bonds It is the present practice of the Underwriter to make a secondary market in the issues that it underwrites. Occasionally, because of general market conditions or because of adverse history or economic prospects connected with a particular issue, secondary marketing practices in connection with a particular issue are suspended or terminated. Additionally, prices of issues for which a market is being made will depend upon their prevailing circumstances. Such prices could be substantially lower than the original purchase price. There can be no guarantee that there will be a secondary market for the 2021 Bonds or, if a secondary market exists, that the 2021 Bonds can be sold for any particular price. Accordingly, purchasers of the 2021 Bonds should be prepared to have their funds committed until the 2021 Bonds mature. Impact of Market Turmoil The domestic and international financial crisis experienced beginning about 2007-2008 had and may in the future have negative repercussions upon the national and global economies, including a scarcity of credit, lack of confidence in the financial sector, extreme volatility in the financial markets, potential increase in interest rates, reduced business activity, increased consumer bankruptcies and increased business failures and bankruptcies. The financial crisis had a particularly acute impact upon the financial sector and credit markets, and caused many banks and other financial institutions to seek additional capital, to merge, and in some cases, to fail. One of the results of this financial crisis was increased volatility in the municipal bond marketplace. Additionally, from time-to- time substantial amounts have been withdrawn from mutual funds and from hedge funds, traditionally some of the largest purchasers of municipal bonds. There was a general weakening of the national economy and the economy of the District in particular. There can be no assurance that any continued or renewed turmoil in the financial and bond markets will not negatively impact the marketability of the 2021 Bonds in the secondary market. Parity Debt As described in “SOURCE OF PAYMENT FOR THE 2021 BONDS” above, the Indenture permits the District to issue or incur Parity Debt which would be secured on a parity with the 2021 Bonds by a lien on Parcel Tax Revenues. In the event of a decline in Parcel Tax Revenues available to pay the 2021 Bonds, the incurrence of additional Parity Debt and/or subordinate debt could adversely affect the District’s ability to pay the 2021 Bonds. Tax Exempt Status of Interest on the 2021 Bonds The Internal Revenue Code of 1986, as amended (the “Code”) imposes a number of requirements that must be satisfied for interest on state and local obligations, such as the 2021 Bonds, to be excludable from gross income for Federal income tax purposes. These requirements include, among others, limitations on the use of 2021 Bond proceeds, limitations on the investment earnings of 2021 Bond proceeds prior to expenditure, a requirement that certain investment earnings on 2021 Bonds proceeds be paid periodically to the United States, and a requirement that the issuer of the 2021 Bonds file an information report with the Internal Revenue Service. The District has covenanted in certain of the documents referred to herein that it will comply with such requirements. Failure by the District to comply with the requirements stated in the Code and related regulations, rulings and policies may subject interest on the 2021 Bonds to Federal income taxation, retroactively to the date of issuance. -15- Factors That Could Affect the Enforceability of the Indenture The legal right and practical ability of the Trustee to enforce its rights and remedies against the District under the Indenture and related documents may be limited by laws relating to bankruptcy, insolvency, reorganization, fraudulent conveyance or moratorium and by other similar laws affecting creditors’ rights. In addition, the Trustee’s ability to enforce such terms will depend upon the exercise of various remedies specified by such documents which may in many instances require judicial actions that are often subject to discretion and delay or that otherwise may not be readily available or may be limited. Proposition 218 On November 5, 1996, the voters of the State approved Proposition 218, known as the “Right to Vote on Taxes Act.” Proposition 218 adds Articles XIIIC and XIIID to the California Constitution and contains a number of interrelated provisions affecting the ability of local agencies to levy and collect both existing and future taxes, assessments, fees and charges. The interpretation and application of Proposition 218 has been and will continue to be determined by the courts with respect to a number of the matters of Proposition 218’s application, and it is not possible at this time to predict with certainty the outcome of such determination. Proposition 218 (Article XIIIC) requires that all new local taxes be submitted to the electorate before they become effective. Taxes for general governmental purposes require a majority vote and taxes for specific purposes, require a two-thirds vote. Further, under Proposition 218 any general purpose tax which was imposed, extended or increased without voter approval after December 31, 1994, could only continue to be imposed if approved by a majority vote in an election held within two years of November 5, 1996. Proposition 218 (Article XIIIC) also removes limitations on the initiative power in matters of reducing or repealing local taxes, assessments, fees or charges. The District believes that the 2004 Parcel Tax was authorized in compliance with Proposition 218; however, the voters of the District could approve an initiative or initiatives which could reduce or repeal local taxes, assessments, fees or charges including the Parcel Tax securing the 2021 Bonds. Any such initiative would likely be challenged in court by the District as unlawful on the basis that the debt service on the 2021 Bonds would be unconstitutionally impaired by such initiative. Earthquakes, Floods, Wildfires, Other Natural Disasters and Pandemics The District is located in a seismically active region. A major earthquake, flood, wildfire or any other natural calamity may cause significant temporary and possibly long-term harm to the District’s economy, tax receipts (including receipt of Parcel Tax Revenues), and residential and business real property values. The effect of a severe pandemic is liable to have the same adverse effect. CONTINUING DISCLOSURE Pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”), the District will enter into an agreement with __________________________, as Dissemination Agent (the “Dissemination Agent”), for the benefit of holders of the 2021 Bonds to provide certain audited financial information and operating data relating to the District, by not later than March 31 following each fiscal year commencing with the report for the 2021 fiscal year of the District (the “Annual Information”), and to provide notices of the occurrence of certain enumerated events. The Annual Information and notices of material events will be filed by the District or the Dissemination Agent, with the MSRB, via EMMA. The nature of the information to be provided in the Annual Information and the notices of enumerated events is set forth in APPENDIX F—FORM OF CONTINUING DISCLOSURE CERTIFICATE. The District has had a continuing disclosure obligation during the past five years with respect to its 2004 Certificates (until April 2018 when the 2004 Certificates were fully defeased) and the 2011 Certificates (until June 2019 when the 2011 Certificates were fully defeased). The District’s continuing disclosure obligations with respect to the 2004 Certificates and the 2011 Certificates required the District to file on EMMA Annual Information for the District’s 2016 and 2017 fiscal years within nine months of the particular fiscal year end. The Annual Information requirement included audited financial statements -16- and certain operating data identified in the specific Continuing Disclosure Certificate for the 2004 Certificates or 2011 Certificates, as applicable. Operating data included information on taxable parcels in the District and parcel tax revenues, among other items. The District failed to timely file on EMMA its 2016 fiscal year Annual Information. However, all the required information for that fiscal year was filed on EMMA with the 2017 fiscal year report. The 2017 fiscal year Annual Information was filed on EMMA earlier than required on March 28, 2018; however, that filing resulted in the 2016 fiscal year Annual Information being approximately six months late. The District’s compliance with its EMMA filing obligations was deficient in that the District did not file with EMMA a required notice that it failed to timely file its 2016 fiscal year Annual Information. It also failed to place a notice on EMMA that its continuing disclosure obligations were terminated when the 2004 Certificates and the 2011 Certificates were defeased in April 2018 and June 2019, respectively, as required by the applicable Continuing Disclosure Certificate. The District believes, though, it substantially complied with its obligations to post on EMMA notice of material and other events. These notices generally concerned events of default, bankruptcy matters of the District, the sale of the Hospital, and the replenishment of the debt service reserve funds for the 2004 Certificates and the 2011 Certificates pursuant to the Bankruptcy Plan. The District intends to work with its new Dissemination Agent to ensure that it fully meets its continuing disclosure obligations with respect to the 2021 Bonds. TAX MATTERS Federal tax law contains a number of requirements and restrictions which apply to the 2021 Bonds, including investment restrictions, periodic payments of arbitrage profits to the United States, requirements regarding the proper use of bond proceeds and the facilities financed therewith, and certain other matters. The District has convenanted to comply with all requirements that must be satisfied in order for the interest on the 2021 Bonds to be excludable from gross income for federal income tax purposes. Failure to comply with certain of such covenants could cause interest with respect to the Bonds to become includable in gross income for federal income tax purposes retroactively to the date of delivery of the 2021 Bonds. Subject to the District’s compliance with the above referenced covenants, under present law, in the opinion of Quint & Thimmig LLP, Bond Counsel, interest on the 2021 Bonds is excludable from the gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals. In rendering its opinion, Bond Counsel will rely upon certifications of the District with respect to certain material facts within their knowledge. Bond Counsel’s opinion represents its legal judgment based upon its review of the law and the facts that it deems relevant to render such opinion and is not a guarantee of a result. The Internal Revenue Code of 1986, as amended (the “Code”) includes provisions for an alternative minimum tax (“AMT”) for certain corporations in addition to the corporate regular tax in certain cases. The AMT for a corporation with a tax year ending December 31, 2017, if any, depends upon the corporation’s alternative minimum taxable income (“AMTI”), which is the corporations’ taxable income with certain adjustments. One of the adjustment items used in computing the AMTI of a corporation (with certain exceptions) is an amount equal to 75% of the excess of such corporation’s “adjusted current earnings” over an amount equal to its AMTI (before such adjustment item and the alternative tax net operating loss deduction). “Adjusted current earnings” would generally include certain tax- exempt interest, but not interest on the 2021 Bonds. Ownership of the 2021 Bonds may result in collateral federal income tax consequences to certain taxpayers, including, without limitation, corporations subject to the branch profits tax, financial institutions, certain insurance companies, certain S corporations, individual recipients of Social Security or Railroad Retirement benefits and taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations. Prospective purchasers of the 2021 Bonds should consult their tax advisors as to applicability of any such collateral consequences. The issue price (the “Issue Price”) for each maturity of the 2021 Bonds is the price at which a substantial amount of such maturity of the 2021 Bonds is first sold to the public. The Issue Price of a maturity of the 2021 Bonds -17- may be different from the price set forth, or the price corresponding to the yield set forth, on the inside cover page hereof. Owners of 2021 Bonds who dispose of 2021 Bonds prior to the stated maturity (whether by sale, redemption or otherwise), purchase Bonds in the initial public offering, but at a price different from the Issue Price, or purchase 2021 Bonds subsequent to the initial public offering, should consult their own tax advisors. If a 2021 Bond is purchase at any time for a price that is less than 2021 Bond’s stated redemption price at maturity (the “Reduced Issue Price”), the purchaser will be treated as having purchased a 2021 Bond with market discount subject to the market discount rules of the Code (unless a statutory de minimis rule applies). Accrued market discount is treated as taxable ordinary income and is recognized when a 2021 Bond is disposed of (to the extent such accrued discount does not exceed gain realized) or, at the purchaser’s election, as it accrues. Such treatment would apply to any purchaser who purchases a 2021 Bond for a price that is less than its Revised Issue Price. The applicability of the market discount rules may adversely affect the liquidity or secondary market price of such 2021 Bond. Purchasers should consult their own tax advisors regarding the potential implications of market discount with respect to the 2021 Bonds. An investor may purchase a 2021 Bond at a price in excess of its stated principal amount. Such excess is characterized for federal income tax purposes as “bond premium” and must be amortized by an investor on a constant yield basis over the remaining term of the 2021 Bond in a manner that takes into account potential call dates and call prices. An investor cannot deduct amortized bond premium relating to a tax-exempt bond. The amortized bond premium is treated as a reduction in the tax-exempt interest received. As bond premium is amortized, it reduces the investor’s basis in the 2021 Bond. Investors who purchase a 2021 Bond at a premium should consult their own tax advisors regarding the amortization of bond premium and its effect on the 2021 Bond’s basis for purposes of computing gain or loss in connection with the sale, exchange, redemption or early retirement of the Bond. There are or may be pending in the Congress of the United States legislative proposals, including some that carry retroactive effective dates, that, if enacted, could alter or amend the federal tax matters referred to above or affect the market value of the 2021 Bonds. It cannot be predicted whether or in what form any such proposal might be enacted or whether, if enacted, it would apply to 2021 Bonds issued prior to enactment. Prospective purchasers of the 2021 Bonds should consult their own tax advisors regarding any pending or proposed federal tax legislation. Bond Counsel expresses no opinion regarding any pending or proposed federal tax legislation. The Internal Revenue Service (the “Service”) has an ongoing program of auditing tax exempt obligations to determine whether, in the view of the Service, interest on such tax-exempt obligations is includable in the gross income of the owners thereof for federal income tax purposes. It cannot be predicted whether or not the Service will commence an audit of the 2021 Bonds. If an audit is commenced, under current procedures the Service may treat the District as a taxpayer and the Bond Owners may have no right to participate in such procedure. The commencement of an audit could adversely affect the market value and liquidity of the 2021 Bonds until the audit is concluded, regardless of the ultimate outcome. Payments of interest with respect to, and proceeds of the sale, redemption or maturity of, tax exempt obligations, including the 2021 Bonds, are in certain cases required to be reported to the Service. Additionally, backup withholding may apply to any such payments to any Bond Owner who fails to provide an accurate form W-9 Request for Taxpayer Identification Number and Certification, or a substantially identical form, or to any Bond Owner who is notified by the Service of a failure to report any interest or dividends required to be shown on federal income tax returns. The reporting and backup withholding requirements do not affect the excludability of such interest from gross income for federal tax purposes. In the further opinion of Bond Counsel, interest with respect to the 2021 Bonds is exempt from California personal income taxes. Ownership of the 2021 Bonds may result in other state and local tax consequences to certain taxpayers. Bond Counsel expresses no opinion regarding any such collateral consequences arising with respect to the Bonds. Prospective purchasers of the 2021 Bonds should consult their tax advisors regarding the applicability of any such state and local taxes. -18- The complete text of the final opinion that Bond Counsel expects to deliver upon the delivery of the 2021 Bonds is set forth in APPENDIX D—FORM OF OPINION OF BOND COUNSEL. INDEPENDENT ACCOUNTANTS The audited financial statements of the District, as of June 30, 2021 and 2020, and for the fiscal years then ended were audited by JWT Associates, LLP, Fresno, California, independent auditors, as stated in their reports included herein, and are included in APPENDIX B—FINANCIAL STATEMENTS OF THE DISTRICT FOR THE FISCAL YEARS ENDED JUNE 30, 2021 AND 2020. JWT Associates, LLP has not been engaged to perform and has not performed, since the date of the reports included herein, any procedures on the audited financial statements addressed in those reports. CERTAIN LEGAL MATTERS Legal matters incident to the issuance and delivery of the 2021 Bonds are subject to the approving the opinion of Quint & Thimmig LLP, Larkspur, California, Bond Counsel. See APPENDIX D—FORM OF OPINION OF BOND COUNSEL. Certain legal matters will be passed upon for the District by Foley & Lardner, LLP, San Francisco, California, as District Counsel and by Jennings, Strouss & Salmon, P.L.C., Phoenix, Arizona, as Disclosure Counsel. Certain legal matters will be passed upon by McDougal Love Boehmer Foley Lyon & Mitchell, APC, La Mesa, California, as Underwriter’s Counsel. ABSENCE OF LITIGATION There is no litigation pending against the District, nor, to the knowledge of its County administrators, threatened, in any court or other tribunal of competent jurisdiction, state or federal, in any way (i) restraining or enjoining the execution, sale or delivery of any of the 2021 Bonds, or (ii) questioning or affecting the validity of the 2021 Bonds or (iii) questioning or affecting the validity of any of the proceedings for the authorization, sale, issuance or delivery of the 2021 Bonds, or (iv) questioning or affecting the validity or enforceability of the Indenture, or (v) questioning the legality of the Parcel Tax Revenues or the status of the statutory lien thereon, or the collection of the Parcel Tax Revenues payments to be made pursuant to the Indenture. RATING Moody’s Investor Service (“Moody’s”) has assigned its municipal bond rating of “Aa3” to the 2021 Bonds. No application was made to any other rating agency for the purpose of obtaining additional ratings on the 2021 Bonds. Such rating reflects only the views of Moody’s and an explanation of the significance of such rating may be obtained from Moody’s. There is no assurance that such rating will continue for any given period of time or that it will not be revised downward or withdrawn entirely by Moody’s if, in the judgment of Moody’s, circumstances so warrant. Any such downward revision or withdrawal of such rating may have an adverse effect on the market price of the 2021 Bonds. UNDERWRITING The 2021 Bonds are being purchased by Piper Sandler & Co. (the “Underwriter”). The Underwriter has agreed to purchase the 2021 Bonds at a price of $_____________ (representing the principal amount of the 2021 Bonds of $________, less/plus net original issue discount/premium of $___________, less $___________ of Underwriter’s discount). The purchase agreement relating to the 2021 Bonds provides that the Underwriter will purchase all of the 2021 Bonds at the price indicated above if any are purchased, the obligation to make such purchase being subject to certain terms and conditions set forth in such purchase agreement, the approval of certain legal matters by counsel and certain other conditions. The Underwriter may offer and sell the 2021 Bonds to certain dealers and others at a price lower than the offering price stated on the cover page hereof. The offering price may be changed from time to time by the Underwriter. -19- Piper Sandler & Co (“Piper”) has entered into an agreement (the “CS&Co. Distribution Agreement”) with Charles Schwab & Co., Inc. (“CS&Co.”) for the retail distribution of certain securities offerings at the original offering prices. Pursuant to the CS&Co. Distribution Agreement, CS&Co. will purchase the Bonds from Piper at the original issuance price less a negotiated portion of the selling concession applicable to any Bonds that CS&Co. sells. FINANCIAL ADVISOR G.L. Hicks Financial, LLC has served as financial advisor to the District for purposes of assisting with the development and implementation of a bond structure in connection with the 2021 Bonds. G.L. Hicks Financial, LLC is an independent advisory firm and is not engaged in the business of underwriting or distributing municipal securities or other public securities. G.L. Hicks Financial, LLC is a registered municipal advisor with the Municipal Securities Rulemaking Board and the Securities and Exchange Commission. VERIFICATION OF MATHEMETICAL COMPUTATIONS The Verification Agent will examine the arithmetical accuracy of certain computations included in the schedules relating to the refunding of the Refunded Bonds. See “PLAN OF REFINANCING” herein. The Verification Agent has restricted its procedures to examining arithmetical accuracy of certain computation and has not made any study or evaluation of the assumptions and information upon which the computations are based, and accordingly, has not expressed an opinion on the data used, the reasonableness of the assumptions, or the feasibility of the forecasted outcome. THE TRUSTEE U.S. Bank National Association, a national banking association organized under the laws of the United States, has been appointed to serve as Trustee for the 2021 Bonds. The Trustee is to carry out those duties assignable to it under the Indenture. Except for the contents of this section, the Trustee has not reviewed or participated in the preparation of this Official Statement and does not assume any responsibility for the nature, completeness, contents or accuracy of the Official Statement. Furthermore, the Trustee has no oversight responsibility, and is not accountable, for the use or application by the District of any of the 2021 Bonds authenticated or delivered pursuant to the Indenture or for the use or application of the proceeds of such 2021 Bonds by the District. The Trustee has not evaluated the risks, benefits, or propriety of any investment in the 2021 Bonds and makes no representation, and has reached no conclusions, regarding the value or condition of any assets pledged or assigned as security for the 2021 Bonds or the investment quality of the 2021 Bonds, about all of which the Trustee expresses no opinion and expressly disclaims the expertise to evaluate. AVAILABILITY OF DOCUMENTS Copies of the Indenture are available, upon written request, from . MISCELLANEOUS The foregoing and subsequent summaries or descriptions of provisions of the 2021 Bonds and the Indenture and all references to other materials not purporting to be quoted in full are only brief outlines of some of the provisions thereof and do not purport to summarize or describe all of the provisions thereof. Reference is made to said documents for full and complete statements of their provisions. Any statements in this Official Statement involving matters of opinion, whether or not expressly so stated, are intended as such and not as representations of fact. This Official Statement is not to be construed as a contract or agreement between the District and the purchasers or Owners of any of the 2021 Bonds. -20- The District has approved this Official Statement and has authorized its execution and delivery. WEST CONTRA COSTA HEALTHCARE DISTRICT By: Contra Costa County, California By:________________________________ Title: ______________________________ Appendix A Page 1 7884231v2(49497.134) APPENDIX A INFORMATION CONCERNING THE WEST CONTRA COSTA HEALTHCARE DISTRICT The information in this APPENDIX A is for information only. Investors are advised that the security for the 2021 Bonds and, therefore, the principal and interest with respect to the 2021 Bonds, is the levy and collection of the Parcel Tax Revenues and no other revenues or funds of the District. The security for the 2021 Bonds is discussed in the Official Statement to which the APPENDIX A is attached. The information contained in this APPENDIX A has been obtained from West Contra Costa Healthcare District. Appendix A Page 2 7884231v2(49497.134) TABLE OF CONTENTS THE DISTRICT ............................................................................................................................................................ 3 Board of Directors ......................................................................................................................................................... 3 Bankruptcy ................................................................................................................................................................ 4 Tax Exchange Agreement ......................................................................................................................................... 4 Management Team ................................................................................................................................................... 4 Services ..................................................................................................................................................................... 5 Employees’ Retirement and Deferred Compensation Plans ..................................................................................... 5 Capital Expenditures ................................................................................................................................................. 6 District Population .................................................................................................................................................... 6 DISTRICT FINANCIAL INFORMATION .................................................................................................................. 8 Financial Statements ................................................................................................................................................. 8 Total Unrestricted Funds........................................................................................................................................... 9 Direct and Overlapping Bonded Debt ..................................................................................................................... 10 PROPERTY TAX........................................................................................................................................................ 11 Property Tax Collection Procedures ....................................................................................................................... 11 Assessed Valuations ............................................................................................................................................... 11 Tax Levies and Delinquencies ................................................................................................................................ 13 Teeter Plan .............................................................................................................................................................. 13 Appendix A Page 3 7884231v2(49497.134) THE DISTRICT The West Contra Costa Healthcare District (the “District”), a local health care district formed in 1948, is a political subdivision of the State of California (the “State”) organized pursuant to the State’s Local Health Care District Law as set forth in section 32000 of the State’s Health and Safety Code. The geographic area that composes the District encompasses a majority of the western portion of Contra Costa County (the “County”) and includes the cities of Richmond, San Pablo, El Cerrito, Hercules and Pinole, as well as neighboring unincorporated areas including Crockett, Rodeo, North Richmond and El Sobrante, among others. The 2020 estimated population of the cities and communities encompassing the District was approximately 260,000. The District formerly owned and operated Doctor’s Medical Center—San Pablo (the “Hospital”). Ultimately, the District closed the Hospital in April 2015 and sold the facility on April 3, 2018. See “Bankruptcy” herein. The District no longer owns or operates any healthcare facilities nor does it directly provide any healthcare related services. The District does use a portion of its annual surplus to provide grants and funding to the local community to address healthcare needs. As a result of Senate Bill Number 522, the Contra Costa County Board of Supervisors (the “Board of Supervisors”) appointed itself, under Health & Safety Code section 32100.8, as the District’s Board of Directors effective January 1, 2019. Accordingly, the District’s governing body is now comprised of the Board of Supervisors and the County’s employees now comprise the management team of the District, with additional support provided by ex-employees, now serving as independent contractors, of the District (see more information of the District’s management and support team provided below). Neither the District nor the County intends for the District to resume any healthcare operations. Board of Directors The governing body of the District is its Board of Directors (the “Board”), which, as of January 1, 2019, pursuant to Senate Bill 522 and the Second Amended Plan for the Adjustment of Debts dated July 21, 2017 (the “Bankruptcy Plan”), is the Board of Supervisors. The Bankruptcy Plan is described below. Pursuant to Senate Bill 522, if the Board of Supervisors elects not to serve as the Board of Directors, it will appoint a Board of Directors consisting of five members, all of whom must reside in the District. However, the Board of Supervisors continues to serve as the Board of Directors. The current members of the Board of Directors and the dates on which their terms expire are shown in the following table: Name Position Term Expires John M. Gioia Supervisor, District 1 January 2023 Candace Andersen Supervisor, District 2 January 2025 Diane Burgis Supervisor, District 3 January 2025 Karen Mitchoff Supervisor, District 4 January 2023 Federal D. Glover Supervisor, District 5 January 2025 Source: Contra Costa County Appendix A Page 4 7884231v2(49497.134) Bankruptcy On October 20, 2016, the District, facing mounting financial distress, filed a chapter 9 bankruptcy petition under the federal Bankruptcy Code. This was the District’s second such bankruptcy petition in less than ten years. The purpose of this bankruptcy was to obtain relief from creditor collection actions and allow the District time and access to the funds necessary to affect a “plan of adjustment.” On January 3, 2018, the Bankruptcy Court confirmed the Second Amended Plan of Adjustment (the “Bankruptcy Plan”) which became effective April 4, 2018 when the sale of the Hospital was finalized. The first round of payments were made under the Bankruptcy Plan in December 2018. The second round of payments under the Bankruptcy Plan were made in December 2019, and the third round of payments were made in December of 2020. All unsecured creditor claims have been paid. As of June 25th, 2021, the Bankruptcy Court entered an order closing the Chapter 9 bankruptcy for the District. There are 5 remaining obligations of the District: • 2018 and 2019 Parcel Tax secured revenue bonds currently outstanding, which are to be refunded with the proceeds of the 2021 Bonds. • Tax exchange agreement with the County, which will be satisfied in fiscal year 2022. See immediately below for a discussion of this agreement. • Unfunded pension/deferred compensation plan, estimated to be satisfied in fiscal year 2027. • Obligation to California Nurses Association, with a balance of $1,750,000 as of June 30, 2021. Balance to be paid off over the next 6 fiscal years. • Local 39 pension claim, balance of $283,417.87 as of June 30, 2021. Balance to be paid off over the next 7 fiscal years. Beginning in fiscal year 2022, the District forecasts annual cash surpluses, commencing at approximately $4,000,000 and growing to approximately $6,000,000 to $7,000,000 in fiscal year 2027, after the pension obligations are satisfied. The District contemplates funding various community health services (as described under “Services” herein) with a portion of such surpluses. Tax Exchange Agreement The District entered into a tax exchange agreement (the “Tax Exchange Agreement”) with the County in April of 2011, pursuant to which the County made an initial cash advance of $10,000,000 to the District in exchange for the District’s transfer to the County of a substantial portion of the ad valorem property tax revenues to which the District would otherwise be entitled. The County subsequently made additional advances for a total maximum outstanding balance of $25,296,000, which was reached during the year ended December 31, 2014. The County Auditor allocates and transfers to the County, pursuant to the Tax Exchange Agreement, all but $1,000,000 of the ad valorem property tax revenues that otherwise would be collected and allocated to the District. This $1,000,000 is intended to cover the District’s ongoing operating costs and expenses. The amount of property tax revenues the District transferred to the County pursuant to the Tax Exchange Agreement exceeded the cash advances the County made to the District in order to account for the time value of money. The District had been recognizing this additional amount pro-rata on a yearly basis based on the estimated time to pay off the advances. With closure of the Hospital and the subsequent bankruptcy, the District decided to book the entire amount due to the County during the year ended December 31, 2016. The outstanding balance due to the County as of June 30, 2021, was $1,391,705.54. The outstanding balance will be paid by June, 2022. After satisfying its annual obligations associated with the Tax Exchange Agreement, the District will reduce is annual obligations by approximately $4,000,000 going forward after June, 2022. Management Team The District does not have any employees. County staff act to administer the activities of the District. County staff who oversee the activities of the District include: • Monica Nino, County Administrator and Clerk of the Board of Supervisors, Contra Costa County Appendix A Page 5 7884231v2(49497.134) • Patrick Godley, Chief Operating Officer /CFO, Contra Costa Health Services • Bud De Cesare, Fiscal Manager & Budget Officer, Contra Costa Health Services In addition, the District contracts with three former employees and consultants of the District to assist with the ongoing operations of the District. Contracted staff who assist with the management of the District include: • Kathy White, Principal, eighty20 consulting, Ms. White has worked as a consultant with the District in various roles since 2007 including assisting the District in the wind-down of operations and meeting of bankruptcy related commitments. Ms. White’s career began as a critical care nurse that developed into several senior executive leadership positions. She received her Bachelor of Science degree in Nursing from the University of Pittsburgh, Pennsylvania, and earned a Master’s of Science degree from the State University of New York at Stony Brook, New York, where she was also a Clinical Assistant Professor and part of the operations management team at University Hospital at Stony Brook. Ms. White works in hospital and healthcare system operations. She has provided both consulting and interim management (CEO, Chief Operating Officer and Chief Nursing Officer), most often in turnaround situations. • Vickie Scharr, Consultant. Ms. Scharr is a Certified Public Accountant who has worked in the auditing and healthcare financial management of hospitals for over 30 years. Ms. Scharr holds a Bachelor of Science degree in business administration from California State University, Hayward, California, and an MBA from Saint Mary’s College in Moraga, California. She began her career as an auditor for Arthur Anderson and transitioned to various roles as Controller/Chief Financial Officer primarily at healthcare providers. Ms. Scharr was the Controller for the District and the Hospital from 2012 to 2015 and came back to the District in 2016 to assist in the post-closing activities for the District after it closed the Hospital. • Harold Emahiser, Principal, Optimum Financial Consultants, Inc. Mr. Emahiser is a Certified Public Accountant (inactive), and a Certified Insolvency and Restructuring Advisor. Mr. Emahiser has assisted the District as a consultant since 2011. Mr. Emahiser holds a Bachelor of Arts degree from Augsburg College, Minneapolis, Minnesota, and a Master’s in Health Administration from the University of Minnesota. Services The District no longer owns or operates any healthcare facilities nor does it directly provide any services to the community. However, in fiscal year 2020 and fiscal year 2021, the District provided grants to two community organizations – specifically, $400,000 in each of such years to RYSE, a community nonprofit group that provides various services for local youth, and. $250,000 in each of such years to Lifelong, a local healthcare provider that provides urgent care. The District anticipates that when the Tax Exchange Agreement is satisfied in fiscal year 2022, it will use more of its surplus funds to provide grants and funding to address local community healthcare needs. Employees’ Retirement and Deferred Compensation Plans Prior to the closure of the Hospital, the District sponsored two defined contribution savings plans intended to qualify under section 457(b) of the Internal Revenue Code for the benefit of those of its employees who met certain eligibility requirements. Under these two plans employer contributions were discretionary. All benefit obligations are fully vested. In addition, the District sponsored a non-contributory single employer defined benefit pension plan (the “Pension Plan”). This Pension Plan covered all eligible employees of the District prior to 1996. The Pension Plan provided retirement and death benefits to plan members and beneficiaries based on each employee’s years of service and annual compensation. As of June 30, 2020, the Pension Plan had an unfunded pension liability of $10,791,845. An actuarial valuation is currently underway to determine the unfunded pension liability for the fiscal year ending June 30, 2021. Appendix A Page 6 7884231v2(49497.134) The District also administered two Employer Contributory Tax Deferred Annuity plans intended to qualify, respectively [?? Is that correct??], under section 403(b) and 457 of the Internal Revenue Code (the “Annuity Plans”). Employees who had a minimum of one year of service were eligible to participate in the Annuity Plans. Participants could defer a portion of their compensation, subject to annual limitations, which is fully vested and held in individual participant accounts. The District’s matching contribution consisted of 5.00% of the annual employee compensation. As of June 30, 2021, the Annuity Plans have no unfunded pension liability. Capital Expenditures The District no longer owns any real property and does expect to acquire any capital assets. Accordingly, it does not currently have an annual capital budget and it does not anticipate the need for such a budget in the foreseeable future. District Population The District’s boundaries include the cities of Richmond, San Pablo, El Cerrito, Hercules and Pinole, as well as neighboring unincorporated areas including Crockett, Rodeo, North Richmond and El Sobrante, among others. The State of California Department of Finance estimates for 2020 indicate that San Pablo had a population of 31,078. Other cities in the County located within the District include the city of El Cerrito with a population of 24,846, the city of Hercules with a population of 25,864, the city of Pinole with a population of 19,390 and the city of Richmond, the third largest city in the County, with a population of 110,288, all as of January 1, 2020. Other cities in the County located outside the District include the city of Concord with a population of 129,453, the city of Antioch with a population of 112,236 and the city of Walnut Creek with a population of 70,592. No other city within the County had a population in excess of 90,000. Since 1990, the resident population of the city of Richmond is estimated to have grown 26% to 110,288. During the past thirty years the population of the County has increased 43% while the population of the State of California has increased 33% over the same period. Population figures as reported for the 1990, 2000, and 2010 census reports for the city of Richmond, the city of El Cerrito, the city of Hercules, the city of Pinole, the city of San Pablo, the County and the State of California follow below as well as the Department of Finance estimates as of January 1, 2020: 1990 2000 2010 2020 1990-2020 % Change City of Richmond 87,425 99,216 103,701 110,288 26% City of El Cerrito 22,869 23,171 23,549 24,846 9% City of Hercules 16,829 19,488 24,060 25,864 54% City of Pinole 17,460 19,039 18,390 19,390 11% City of San Pablo 25,158 30,215 29,139 31,078 24% Contra Costa County 803,732 948,816 1,049,025 1,149,853 43% State of California 29,760,021 33,871,648 37,253,956 39,648,938 33% Source: Census reports and State of California Department of Finance estimates. The 1990, 2000, and 2010 figures are census figures reported as of April 1, in each of those years. The 2020 figures are population estimates as of January 1. Largest Employers. The County enjoys a diverse labor pool as a result of its role as a regional manufacturing, service and retail center. Because of the need to retrain workers as the economy evolves, the County utilizes a network of job training providers to ensure the maintenance of an abundant and qualified work force. The following table summarizes the 20 largest employers in the County. Top 20 Largest Employers in Contra Costa County (1) 24 Hour Fitness USA Inc., San Ramon Bay Area Rapid Transit, Richmond Bio-Rad Laboratories, Hercules Broadspectrum Americas, Richmond C&H Sugar, Crockett Appendix A Page 7 7884231v2(49497.134) Chevron (various entities), San Ramon and Richmond Contra Costa County (including Contra Costa Medical Center), multiple locations GE, San Ramon John Muir Medical Center, Concord and Walnut Creek Kaiser Permanente, multiple locations Phillips 66, Rodeo Robert Half International, San Ramon and Walnut Creek San Ramon Medical Center, San Ramon Santa Fe Pacific Pipe Lines, Richmond Shell Oil Products, Martinez St Mary’s College, Moraga Sutter Delta Medical Center, Antioch Tesoro Golden Eagle Refinery, Pacheco U.S. Veterans Medical Center, Martinez USS-Posco Industries, Pittsburg Source: America’s Labor Market Information System Database, 1st Quarter 2020, downloaded via State of California Employment Development Department, October 30, 2019, and “Largest Employers in the East Bay,” San Francisco Business Times, Oct. 18, 2019. (1) These employers are listed in alphabetical order. Employment and Unemployment. Unemployment in the city of Richmond and the city of San Pablo are generally higher than other areas of the San Francisco bay area and the County but are generally lower than the State of California itself. The table below summarizes annual average labor force, employment, and unemployment figures for the years 2018 through 2020 for the city of Richmond, the city of El Cerrito, the city of Hercules, the city of Pinole, the city of San Pablo, the County and the State of California. Labor Force, Employment, Unemployment and Unemployment Rate Annual Averages (1) Year and Area Labor Force Employment Unemployment Unemployment Rate 2020 City of Richmond 52,200 46,400 5,800 11.1% City of El Cerrito 13,200 12,200 1,000 7.6% City of Hercules 13,700 12,600 1,100 8.0% City of Pinole 9,800 8,900 900 9.2% City of San Pablo 13,600 12,100 1,500 11.0% Contra Costa County 541,300 493,200 48,100 8.9% State of California 18,821,200 16,913,100 1,908,100 10.1% 2019 City of Richmond 52,800 51,000 800 1.5% City of El Cerrito 13,800 13,400 400 2.9% City of Hercules 14,200 13,800 400 2.8% City of Pinole 10,100 9,800 300 3.0% City of San Pablo 13,800 13,300 500 3.6% Contra Costa County 559,700 542,100 17,600 3.1% State of California 19,353,700 18,442,400 919,800 4.8% 2018 City of Richmond 52,900 50,900 2,000 3.8% City of El Cerrito 13,900 13,500 400 2.9% City of Hercules 13,900 13,500 400 2.9% City of Pinole 9,900 9,600 300 3.0% Appendix A Page 8 7884231v2(49497.134) Year and Area Labor Force Employment Unemployment Unemployment Rate City of San Pablo 13,900 13,400 500 3.6% Contra Costa County 560,300 542,200 17,800 3.2% State of California 19,263,900 18,442,400 821,500 4.3% Source: California Employment Development Department. (1) Data not seasonally adjusted. Commercial Activity. The city of Richmond experienced a 19% decline in retail sales over the past three years while the County experienced an increase of 2.5% in retail sales over the same period. The following table summarizes taxable sales and total outlets (sales tax permits) occurring in the city of Richmond, the city of El Cerrito, the city of Hercules, the city of Pinole, the city of San Pablo and the County for the years 2018, 2019 and 2020. Total Outlets and Taxable Transactions 2018 2019 2020 City of Richmond: Total Outlets 2,171 2,250 2,393 Taxable Sales $1,574,314,886 $1,476,315,339 $1,273,812,759 City of El Cerrito: Total Outlets 621 644 652 Taxable Sales $265,240,187 $264,207,566 $215,962,996 City of Hercules: Total Outlets 270 281 288 Taxable Sales $200,735,708 $225,795,557 $222,050,049 City of Pinole: Total Outlets 492 509 558 Taxable Sales $340,510,958 $325,075,647 $302,471,675 City of San Pablo: Total Outlets 517 553 594 Taxable Sales $205,376,538 $214,687,782 $194,769,163 Contra Costa County: Total Outlets 22,079 22,813 23,906 Taxable Sales $17,607,890,223 $18,080,745,538 $18,043,574,659 Source: California Department of Tax and Fee Administration. DISTRICT FINANCIAL INFORMATION Financial Statements The following summaries of the statements of revenue, expenses and changes in net assets of the District are qualified by reference to and should be read in conjunction with the District’s audited financial statements, including the notes thereto set out in APPENDIX B to the Official Statement. The statements of revenue, expenses and changes in net assets of the District for the years ended June 30, 2019, 2020 and 2021, are derived from the District’s audited financial statements. As of January 1, 2019 the District changed its reporting period from a calendar year to a fiscal year ending on June 30th. The June 30, 2019, audited financial statements are for the 6-month period due to the change in reporting period. Appendix A Page 9 7884231v2(49497.134) Fiscal Year Ended June 30, 2019(1) 2020 2021 (audited) (audited) (audited) Operating Revenue: Operating Revenue $31,176 $88,699 $276,252 Total Operating Revenue 31,176 88,699 276,252 Total Operating Expenses 462,719 1,354,628 1,391,515 Operating Losses (431,543) (1,265,929) (1,115,263) Nonoperating Revenue (Expense) District Tax Revenue 5,234,934 10,528,435 10,581,330 Investment Income 71,350 113,489 9,153 Interest Expense (1,429,265) (2,504,871) (2,370,810) Other non-operating Revenue (Expense) (4,337,714) (2,189,807) (495,595) Total Net Nonoperating Revenues (460,695) 5,947,246 7,724,078 Change in Net Position (892,238) 4,681,317 6,608,815 Net Assets (Deficit) Beginning of Year (67,755,275) (68,647,513) (63,966,196) Net Assets End of Year $(68,647,513) $(63,966,196) $(57,357,381) Source: District’s audited financial statements as indicated above. (1) For fiscal year ended June 30, 2019, audited financial information is only a 6-month representation as the District changed its reporting year from December 31st to June 30th, starting January 1, 2019. The District’s tax revenue includes the Parcel Tax Revenues remitted to the District after payment of debt service on the outstanding 2018 and 2019 bonds. The 2004 Parcel Tax has no sunset provision. Total Unrestricted Funds The following table provides the total unrestricted funds for the District as of June 30, 2019, 2020 and 2021. Cash and cash equivalents and board designated assets consist of highly liquid investments, including money market accounts and investment-grade debt instruments, many of which are Federally insured or collateralized by government agency securities. Marketable securities are carried at fair market value. As of June 30, 2019 2020 2021 (audited) (audited) (unaudited) Cash and Cash Equivalents $7,503,446 $4,989,400 $4,201,450 Board Designated Assets 0 0 0 Total Unrestricted Funds $7,503,446 $4,989,400 $4,201,450 Source: District’s audited and unaudited financial statements as indicated above. Appendix A Page 10 7884231v2(49497.134) Direct and Overlapping Bonded Debt Set forth below is a direct and overlapping debt report (the “Debt Report”) in the form prepared by California Municipal Statistics, Inc., and dated August 3, 2021. The Debt Report is included for general information purposes only. The District has not reviewed the Debt Report for completeness or accuracy and makes no representations in connection therewith. The Debt Report generally includes long-term obligations sold in the public credit markets by public agencies whose boundaries overlap the boundaries of the District in whole or in part. Such long-term obligations generally are not payable from future revenues of the District nor are they necessarily obligations secured by land within the District. In many cases long-term obligations issued by a public agency are payable only from the general fund or other revenues of such public agency. The table below does not include the delivery of the 2021 Bonds by the District nor the issuance or incurrence of any other debt the District or other agencies listed below subsequent to August 3, 2021. 2020-21 Assessed Valuation: $37,584,881,069 DIRECT AND OVERLAPPING TAX AND ASSESSMENT DEBT: % Applicable Debt 8/1/21 Bay Area Rapid Transit District 4.388% $ 80,512,779 Contra Costa Community College District 16.665 94,787,187 John Swett Unified School District 77.328 57,382,345 West Contra Costa Unified School District 99.952 1,246,831,299 West Contra Costa Healthcare District Parcel Tax Obligations 100. 50,538,000 (1) East Bay Regional Park District 7.021 9,349,866 City of Richmond Community Facilities District No. 1998-1 100. 1,980,000 1915 Act Bonds 100. 14,336,880 TOTAL DIRECT AND OVERLAPPING TAX AND ASSESSMENT DEBT $1,555,718,356 OVERLAPPING GENERAL FUND DEBT: Contra Costa County General Fund Obligations 16.618% $ 42,284,077 Contra Costa County Pension Obligations 16.610 7,462,043 Alameda-Contra Costa Transit District Certificates of Participation 9.872 1,150,582 West Contra Costa Unified School District Certificates of Participation 99.952 6,776,746 City of El Cerrito General Fund Obligations 100. 6,180,000 City of Hercules General Fund Obligations 99.595 13,520,021 City of Pinole Pension Obligations 100. 2,734,449 City of Richmond General Fund Obligations 100. 101,295,000 City of Richmond Pension Obligations 100. 55,326,745 City of San Pablo General Fund Obligations 100. 29,050,000 Contra Costa Fire Protection District Pension Obligations 5.576 607,784 Kensington Police Protection/Fire & Community Services District lease 100. 4,374,000 TOTAL GROSS OVERLAPPING GENERAL FUND DEBT $270,761,447 Less: Contra Costa County supported obligations 6,807,229 City of Richmond obligations supported by port revenues 12,430,000 TOTAL NET OVERLAPPING GENERAL FUND DEBT $251,524,218 OVERLAPPING TAX INCREMENT DEBT (Successor Agencies): $211,883,886 GROSS COMBINED TOTAL DEBT $2,038,363,689 (2) NET COMBINED TOTAL DEBT $2,019,126,460 (1) Excludes the 2021 Bond issue. (2) Excludes tax and revenue anticipation notes, enterprise revenue, mortgage revenue and tax allocation bonds and non-bonded capital lease obligations. Appendix A Page 11 7884231v2(49497.134) Ratios to 2020-21 Assessed Valuation: Direct Debt ($50,538,000) 0.13% Total Direct and Overlapping Tax and Assessment Debt 4.14% Gross Combined Total Debt 5.42% Net Combined Total Debt 5.37% PROPERTY TAX The following discussion of ad valorem property tax revenues and collection procedures for ad valorem taxes is included as background information only. The 2021 Bonds are not secured by a pledge of any ad valorem taxes nor are the 2004 Parcel Taxes ad valorem taxes. However, the County will collect the 2004 Parcel Tax at the same time, in same manner and subject to the same penalties as secured ad valorem property taxes, described below. Property Tax Collection Procedures The Contra County Assessor assesses all taxable real property in the District for ad valorem tax purposes except public utility property, which is assessed Countywide by the State Board of Equalization. In California, property which is subject to ad valorem taxes is classified as “secured” or “unsecured.” The “secured roll” is that part of the assessment roll containing state-assessed public utilities’ property and locally assessed real property, the taxes on which are a lien on real property sufficient, in the opinion of the County assessor, to secure payment of the taxes. A tax placed on unsecured property does not become a lien against such unsecured property, but may become a lien on certain other property owned by the taxpayer. Every tax which becomes a lien on secured property has priority over all other liens arising pursuant to State law on such secured property, regardless of the time of the creation of the other liens. Secured and unsecured properties are entered separately on the assessment roll maintained by the County assessor. The method of collecting delinquent taxes is substantially different for the two classifications of property. Ad valorem property taxes on the secured roll are due in two installments, on November 1 and February 1 of each year. If unpaid, such taxes become delinquent after December 10 and April 10, respectively, and a 10% penalty attaches to any delinquent payment. Such property may thereafter be redeemed by payment of the delinquent taxes and a delinquency penalty, plus a redemption penalty of 1-1/2% per month to the time of redemption. If taxes are unpaid for a period of five years or more, the property is subject to sale by the County tax collector. The exclusive means of enforcing the payment of delinquent taxes with respect of property on the secured roll is the sale of the property securing the taxes for the amount of taxes which are delinquent. Generally, ad valorem property taxes are levied for each fiscal year on taxable real and personal property situated in the taxing jurisdiction as of the preceding January 1. California Revenue & Tax Code sections 75.10 et seq., however, provide for the supplemental assessment and taxation of property as of the occurrence of a change of ownership or completion of new construction. Ad valorem property taxes on the unsecured roll are due on the January 1 lien date and become delinquent, if unpaid, on the following August 31. A 10% penalty is also attached to delinquent taxes in respect of property on the unsecured roll, and further, an additional penalty of 1-1/2% per month accrues with respect to such taxes beginning the first day of the third month following the delinquency date. The taxing authority has four ways of collecting unsecured personal property taxes: (1) a civil action against the taxpayer; (2) filing a certificate in the office of the County clerk specifying certain facts in order to obtain a judgment lien on certain property of the taxpayer; (3) filing a certificate of delinquency of record in the County recorder’s office, in order to obtain a lien on certain property of the taxpayer; and (4) seizure and sale of personal property, improvements or possessory interests belonging or assessed to the assessee. Assessed Valuations The District has a 2020-21 assessed valuation of $37,584,881,069, which accounts for approximately 16.4% of the County’s assessed valuation of $229,088,197,574, as of the same period. Assessed values of property within the District have increased by approximately 53.6% over the 10-year period ended 2020-21, while assessed values for Appendix A Page 12 7884231v2(49497.134) the County have increased by approximately 60.3% over the same period. The summary below shows a 10-year history of the total secured and unsecured assessed property valuations for the District and total assessed valuations for the County. Assessed Valuations Fiscal Year Ended June 30 Local Secured Utility Unsecured Total Before Redevelopment Increment County Assessed Valuation(1) 2011-12 $23,058,612,543 $11,476,129 $1,395,869,645 $24,465,958,317 $142,880,293,662 2012-13 23,670,475,615 11,498,195 1,432,836,763 25,114,810,573 145,399,277,188 2013-14 23,090,271,578 11,414,541 1,385,361,828 24,487,047,947 150,129,829,748 2014-15 25,050,106,003 8,464,044 1,457,939,744 26,516,509,791 163,511,671,112 2015-16 27,275,695,797 8,519,004 1,430,439,115 28,714,653,916 174,941,269,612 2016-17 29,057,948,732 6,648,587 1,372,102,967 30,436,700,286 185,301,534,422 2017-18 30,671,913,867 6,677,119 1,380,621,729 32,059,212,715 195,722,598,959 2018-19 32,868,295,989 6,136,731 1,435,220,723 34,309,653,443 207,918,385,563 2019-20 34,448,191,452 6,121,584 1,454,891,730 35,909,204,766 218,716,655,058 2020-21 36,108,318,374 6,063,951 1,470,498,744 37,584,881,069 229,088,197,574 Source: California Municipal Statistics, Inc. (1) Before redevelopment increment adjustment. Includes unitary utility valuation. California law exempts from ad valorem taxation $7,000 of the assessed valuation of an owner-occupied dwelling. State law exempts 100% of the value of business inventories from taxation. State law also provides for reimbursements to local agencies based on their share of the revenues derived from the application of the maximum tax rate applied to business inventories, with adjustments to reflect increases in population and the consumer price index. Revenue estimates to be lost to local taxing agencies due to such exemptions are reimbursed from State sources. Such reimbursements are based upon total taxes due upon such exempt values and are not reduced by any amount for estimated delinquencies. Approximately 80.8% of the District, based upon assessed values of property, falls within the incorporated cities of Richmond, El Cerrito, Hercules, Pinole and San Pablo, with the remaining 19.2% lying within the unincorporated areas of the County. Approximately 43.8% of assessed valuation of all taxable property located within the District’s boundaries lies within the city of Richmond. The following table provides a summary of assessed values of property located within the District’s boundaries and the percentage of property of each jurisdiction located within the District, based upon assessed value of property for each jurisdiction for the 2020-21 tax year. 2020-21 Assessed Valuation by Jurisdiction Jurisdiction Assessed Valuation in the District Percent of the District Assessed Valuation of Jurisdiction Percent of Jurisdiction in the District City of El Cerrito $4,904,351,762 13.06% $4,904,351,762 100.00% Town of Hercules 4,123,276,410 10.97 4,140,056,466 99.59% City of Pinole 2,775,957,905 7.39 2,775,957,905 100.00% City of Richmond 16,462,773,688 43.80 16,462,773,688 100.00% City of San Pablo 2,113,533,236 5.62 2,113,533,236 100.00% Unincorporated Contra Costa County 7,204,988,068 19.17 43,760,412,679 16.46% Total District $37,584,881,069 100.00% Contra Costa County $37,584,881,069 100.00% $226,284,478,918 16.61% Source: California Municipal Statistics, Inc. Appendix A Page 13 7884231v2(49497.134) Largest 2020-21 Local Secured Taxpayers Property Owner Primary Land Use 2020-21 Assessed Valuations Percentage of Total (1) 1. Chevron USA Inc. Heavy Industrial $3,026,428,290 8.05% 2. Phillips 66 Corporation Heavy Industrial 1,034,564,703 2.75 3. Guardian & KW Hilltop LLC Apartments 209,286,603 0.56 4. Bio-Rad Laboratories Inc. Industrial 157,373,304 0.42 5. MCD-RCCA-El Cerrito LLC Shopping Center 99,886,097 0.27 6. LIPT Giant Road Inc. Industrial 89,225,549 0.24 7. Richmond Essex LP Apartments 81,861,025 0.22 8. Gateway Pinole Vista LLC Shopping Center 72,481,539 0.19 9. Hercules Block N Dev Partners Apartments 70,100,125 0.19 10. Kaiser Foundation Health Plan Medical Building 69,659,094 0.19 11. WCV Aventine Hercules LLC Apartments 63,502,655 0.17 12. KMF X El Cerrito LLC Apartments 60,097,879 0.16 13. 2995 Atlas Road Associates LLC Industrial 56,312,321 0.15 14. Pacific Atlantic Terminals LLC Industrial 54,059,110 0.14 15. Shore Terminals LLC Heavy Industrial 51,938,130 0.14 16. 2930 Technology Court LLC Industrial 50,870,231 0.14 17. Del Norte Place Apartments LP Apartments 50,857,698 0.14 18. KM Phoenix Holdings LLC Industrial 50,411,936 0.13 19. El Cerrito Shopping Center LLC Shopping Center 47,470,741 0.13 20. Western B Northwest CA LLC Industrial 47,410,524 0.13 $5,443,797,554 14.48% Source: California Municipal Statistics, Inc. (1) The 2020-21 local secured assessed valuation for the District is $37,584,881,069 Tax Levies and Delinquencies Ad valorem property taxes are collected by the County Tax Collector for property falling within the District’s taxing boundaries. The ad valorem property taxes and assessments on the secured roll are payable in two installments on November 1 and February 1 of each fiscal year, and become delinquent on December 10 and April 10, respectively. Taxes on unsecured property are assessed and payable as of the January lien date and become delinquent the following August 31. For delinquencies specific to the 2004 Parcel Tax, see “THE 2004 PARCEL TAX AND RELATED MATTERS” in the Official Statement. Teeter Plan In 1951, the Board of Supervisors of the County approved implementation of the Alternative Method of Distribution of Tax Levies and Collections and of Tax Sale Proceeds (the “Teeter Plan”), as provided for in section 4701 et seq. of the California Revenue and Taxation Code, both as to general and special taxes entered and collected on the secured tax roll, including any parcel taxes. Under the Teeter Plan, the County apportions secured property taxes on an accrual basis (irrespective of actual collections) to local political subdivisions, for which the County acts as the tax-levying or tax-collecting agency. The Teeter Plan remains in effect unless the Board of Supervisors orders discontinuance. The County policy provides that it may order discontinuance of the Teeter Plan as to special taxes for the next year if the rate of delinquency for a taxing district exceeds 3% in any fiscal year. As such, no assurance can be given that the Teeter Plan will be continued in future years. The County Treasurer’s cash position is protected by a special fund, known as the “Tax Loss Reserve Fund,” which accumulates moneys from interest and penalty collections. Amounts in the tax loss reserve fund above a statutory defined threshold may be credited to the County’s general fund. Amounts in the tax loss reserve fund may only be used to cover the losses that may occur in the amount of tax liens as a result of special tax-defaulted property. Appendix B APPENDIX B AUDITED FINANCIAL STATEMENTS OF THE DISTRICT FOR THE FISCAL YEARS ENDED JUNE 30, 2021 AND 2020 Appendix C Page 1 APPENDIX C SUMMARY OF PRINCIPAL LEGAL DOCUMENTS Appendix D Page 1 APPENDIX D FORM OF BOND COUNSEL OPINION Appendix E Page 1 APPENDIX E FORM OF CONTINUING DISCLOSURE CERTIFICATE Appendix F Page 1 APPENDIX F BOOK ENTRY SYSTEM The following information concerning DTC and DTC’s book-entry system has been obtained from DTC and contains statements that are believed to accurately describe DTC, the method of effecting book-entry transfers of securities distributed through DTC and certain related matters, but the District and the Underwriters take no responsibility for the accuracy of such statements. The Depository Trust Company, New York, New York, will act as securities depository for the 2021 Bonds. The 2021 Bonds will be issued as fully-registered 2021 Bonds registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully- registered certificate will be issued for each maturity, and will be deposited with DTC. DTC, the world’s largest depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides assets servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments from over 100 countries that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has Standard & Poor’s rating: AA+. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information can be found at www.dtcc.com. Purchases of the 2021 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the 2021 Bonds on DTC’s records. The ownership interest of each actual purchaser of each 2021 Bond (“Beneficial Owner”) is in turn to be recorded on the Direct Participants’ and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchases, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct Participant or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the 2021 Bonds are to be accomplished by entries made on the books of the Direct Participants and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the 2021 Bonds except in the event that use of the book- entry system for the 2021 Bonds is discontinued. To facilitate subsequent transfers, all 2021 Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of the 2021 Bonds with DTC and their registration in the name of Cede & Co. or such other nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the 2021 Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such 2021 Bonds are credited, which may or may not be the Beneficial Owners. The Direct Participants and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Appendix F Page 2 Beneficial Owners of the 2021 Bonds may wish to take certain steps to augment transmission to them of notices of significant events with respect to the 2021 Bonds, such as redemptions, tenders, defaults and proposed amendments to the security documents. Beneficial Owners of the 2021 Bonds may wish to ascertain that the nominee holding the 2021 Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners, or in the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of the notices be provided directly to them. Redemption notices will be sent to DTC. If less than all of the 2021 Bonds within a maturity are being redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such 2010 Bonds to be redeemed. Neither DTC nor Cede & Co. (nor such other DTC nominee) will consent or vote with respect to the Bonds. Under its usual procedures, DTC mails an Omnibus Proxy to the Trustee as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the 2021 Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts, upon DTC’s receipt of funds and corresponding detail information from the Trustee or Trustee on a payable date in accordance with their respective holdings shown on DTC’s records. Payments by Direct Participants or Indirect Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Direct Participant or Indirect Participant and not of DTC, the Trustee or the District, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Trustee, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct Participants and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the 2021 Bonds at any time by giving reasonable notice to the District or the Trustee. Under such circumstances, in the event that a successor securities depository is not obtained, definitive certificates are required to be printed and delivered. The District may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event definitive certificates will be printed and delivered. THE DISTRICT, THE UNDERWRITER AND THE TRUSTEE WILL NOT HAVE ANY RESPONSIBILITY OR OBLIGATION TO ANY DTC PARTICIPANT, INDIRECT DTC PARTICIPANT OR ANY BENEFICIAL OWNER OR ANY OTHER PERSON WITH RESPECT TO: (I) THE 2021 BONDS; (II) THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC OR ANY DTC PARTICIPANT OR INDIRECT DTC PARTICIPANT; (III) THE PAYMENT BY DTC, ANY DTC PARTICIPANT OR INDIRECT DTC PARTICIPANT OF ANY AMOUNT DUE TO ANY BENEFICIAL OWNER IN RESPECT OF THE PRINCIPAL OR REDEMPTION OR PURCHASE PRICE OF AND PREMIUM, IF ANY, AND INTEREST ON THE 2021 BONDS; (IV) THE DELIVERY OR TIMELINESS OF DELIVERY BY DTC, ANY DTC PARTICIPANT OR INDIRECT DTC PARTICIPANT OF ANY NOTICE TO ANY BENEFICIAL OWNER WHICH IS REQUIRED OR PERMITTED UNDER THE TERMS OF THE INDENTURE TO BE GIVEN TO BENEFICIAL OWNERS; (V) THE SELECTION OF BENEFICIAL OWNERS TO RECEIVE PAYMENTS IN THE EVENT OF ANY PARTIAL REDEMPTION OF THE 2021 BONDS; OR (VI) ANY CONSENT GIVEN OR OTHER ACTION TAKEN BY DTC OR ITS NOMINEE, CEDE & CO., AS THE REGISTERED OWNER OF THE 2021 BONDS. Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 1 SOURCES AND USES OF FUNDS West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2018 & 2019-- --Preliminary, subject to change-- Dated Date 11/23/2021 Delivery Date 11/23/2021 Sources: Refund of 2018 Refund of 2019 Total Bond Proceeds: Par Amount 9,455,000.00 35,290,000.00 44,745,000.00 Premium 1,098,792.80 6,261,021.75 7,359,814.55 10,553,792.80 41,551,021.75 52,104,814.55 Uses: Refund of 2018 Refund of 2019 Total Refunding Escrow Deposits: Cash Deposit 0.12 0.92 1.04 SLGS Purchases 10,438,668.00 41,119,081.00 51,557,749.00 10,438,668.12 41,119,081.92 51,557,750.04 Delivery Date Expenses: Cost of Issuance 67,830.04 253,169.96 321,000.00 Underwriter's Discount 47,275.00 176,450.00 223,725.00 115,105.04 429,619.96 544,725.00 Other Uses of Funds: Additional Proceeds 19.64 2,319.87 2,339.51 10,553,792.80 41,551,021.75 52,104,814.55 Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 2 BOND DEBT SERVICE West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2018 & 2019-- --Preliminary, subject to change-- Period Annual Ending Principal Coupon Interest Debt Service Debt Service 01/01/2022 188,923.33 188,923.33 07/01/2022 2,180,000 4.000% 894,900.00 3,074,900.00 3,263,823.33 01/01/2023 851,300.00 851,300.00 07/01/2023 1,350,000 4.000% 851,300.00 2,201,300.00 3,052,600.00 01/01/2024 824,300.00 824,300.00 07/01/2024 1,405,000 4.000% 824,300.00 2,229,300.00 3,053,600.00 01/01/2025 796,200.00 796,200.00 07/01/2025 1,460,000 4.000% 796,200.00 2,256,200.00 3,052,400.00 01/01/2026 767,000.00 767,000.00 07/01/2026 1,520,000 4.000% 767,000.00 2,287,000.00 3,054,000.00 01/01/2027 736,600.00 736,600.00 07/01/2027 1,575,000 4.000% 736,600.00 2,311,600.00 3,048,200.00 01/01/2028 705,100.00 705,100.00 07/01/2028 1,645,000 4.000% 705,100.00 2,350,100.00 3,055,200.00 01/01/2029 672,200.00 672,200.00 07/01/2029 1,840,000 4.000% 672,200.00 2,512,200.00 3,184,400.00 01/01/2030 635,400.00 635,400.00 07/01/2030 1,910,000 4.000% 635,400.00 2,545,400.00 3,180,800.00 01/01/2031 597,200.00 597,200.00 07/01/2031 1,985,000 4.000% 597,200.00 2,582,200.00 3,179,400.00 01/01/2032 557,500.00 557,500.00 07/01/2032 2,065,000 4.000% 557,500.00 2,622,500.00 3,180,000.00 01/01/2033 516,200.00 516,200.00 07/01/2033 2,150,000 4.000% 516,200.00 2,666,200.00 3,182,400.00 01/01/2034 473,200.00 473,200.00 07/01/2034 2,235,000 4.000% 473,200.00 2,708,200.00 3,181,400.00 01/01/2035 428,500.00 428,500.00 07/01/2035 2,325,000 4.000% 428,500.00 2,753,500.00 3,182,000.00 01/01/2036 382,000.00 382,000.00 07/01/2036 2,420,000 4.000% 382,000.00 2,802,000.00 3,184,000.00 01/01/2037 333,600.00 333,600.00 07/01/2037 2,515,000 4.000% 333,600.00 2,848,600.00 3,182,200.00 01/01/2038 283,300.00 283,300.00 07/01/2038 2,615,000 4.000% 283,300.00 2,898,300.00 3,181,600.00 01/01/2039 231,000.00 231,000.00 07/01/2039 2,720,000 4.000% 231,000.00 2,951,000.00 3,182,000.00 01/01/2040 176,600.00 176,600.00 07/01/2040 2,830,000 4.000% 176,600.00 3,006,600.00 3,183,200.00 01/01/2041 120,000.00 120,000.00 07/01/2041 2,940,000 4.000% 120,000.00 3,060,000.00 3,180,000.00 01/01/2042 61,200.00 61,200.00 07/01/2042 3,060,000 4.000% 61,200.00 3,121,200.00 3,182,400.00 44,745,000 21,380,623.33 66,125,623.33 66,125,623.33 Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 3 BOND DEBT SERVICE West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2018 & 2019-- --Preliminary, subject to change-- Period Ending Principal Coupon Interest Debt Service 07/01/2022 2,180,000 4.000%1,083,823.33 3,263,823.33 07/01/2023 1,350,000 4.000%1,702,600.00 3,052,600.00 07/01/2024 1,405,000 4.000%1,648,600.00 3,053,600.00 07/01/2025 1,460,000 4.000%1,592,400.00 3,052,400.00 07/01/2026 1,520,000 4.000%1,534,000.00 3,054,000.00 07/01/2027 1,575,000 4.000%1,473,200.00 3,048,200.00 07/01/2028 1,645,000 4.000%1,410,200.00 3,055,200.00 07/01/2029 1,840,000 4.000%1,344,400.00 3,184,400.00 07/01/2030 1,910,000 4.000%1,270,800.00 3,180,800.00 07/01/2031 1,985,000 4.000%1,194,400.00 3,179,400.00 07/01/2032 2,065,000 4.000%1,115,000.00 3,180,000.00 07/01/2033 2,150,000 4.000%1,032,400.00 3,182,400.00 07/01/2034 2,235,000 4.000%946,400.00 3,181,400.00 07/01/2035 2,325,000 4.000%857,000.00 3,182,000.00 07/01/2036 2,420,000 4.000%764,000.00 3,184,000.00 07/01/2037 2,515,000 4.000%667,200.00 3,182,200.00 07/01/2038 2,615,000 4.000%566,600.00 3,181,600.00 07/01/2039 2,720,000 4.000%462,000.00 3,182,000.00 07/01/2040 2,830,000 4.000%353,200.00 3,183,200.00 07/01/2041 2,940,000 4.000%240,000.00 3,180,000.00 07/01/2042 3,060,000 4.000%122,400.00 3,182,400.00 44,745,000 21,380,623.33 66,125,623.33 Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 4 BOND PRICING West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2018 & 2019-- --Preliminary, subject to change-- Maturity Yield to Call Call Bond Component Date Amount Rate Yield Price Maturity Date Price Serial Bonds: 07/01/2022 2,180,000 4.000% 0.200% 102.298 07/01/2023 1,350,000 4.000% 0.300% 105.921 07/01/2024 1,405,000 4.000% 0.390% 109.349 07/01/2025 1,460,000 4.000% 0.550% 112.299 07/01/2026 1,520,000 4.000% 0.740% 114.733 07/01/2027 1,575,000 4.000% 0.910% 116.848 07/01/2028 1,645,000 4.000% 1.120% 118.287 07/01/2029 1,840,000 4.000% 1.280% 119.651 07/01/2030 1,910,000 4.000% 1.410% 120.918 07/01/2031 1,985,000 4.000% 1.520% 122.085 07/01/2032 2,065,000 4.000% 1.610% 121.190 C 1.797% 07/01/2031 100.000 07/01/2033 2,150,000 4.000% 1.690% 120.400 C 2.019% 07/01/2031 100.000 07/01/2034 2,235,000 4.000% 1.780% 119.519 C 2.216% 07/01/2031 100.000 07/01/2035 2,325,000 4.000% 1.860% 118.743 C 2.379% 07/01/2031 100.000 07/01/2036 2,420,000 4.000% 1.940% 117.972 C 2.521% 07/01/2031 100.000 07/01/2037 2,515,000 4.000% 2.020% 117.207 C 2.647% 07/01/2031 100.000 07/01/2038 2,615,000 4.000% 2.050% 116.921 C 2.726% 07/01/2031 100.000 07/01/2039 2,720,000 4.000% 2.080% 116.637 C 2.797% 07/01/2031 100.000 07/01/2040 2,830,000 4.000% 2.110% 116.353 C 2.860% 07/01/2031 100.000 07/01/2041 2,940,000 4.000% 2.140% 116.070 C 2.918% 07/01/2031 100.000 07/01/2042 3,060,000 4.000% 2.170% 115.788 C 2.970% 07/01/2031 100.000 44,745,000 Dated Date 11/23/2021 Delivery Date 11/23/2021 First Coupon 01/01/2022 Par Amount 44,745,000.00 Premium 7,359,814.55 Production 52,104,814.55 116.448351% Underwriter's Discount -223,725.00 -0.500000% Purchase Price 51,881,089.55 115.948351% Accrued Interest Net Proceeds 51,881,089.55 Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 5 BOND SUMMARY STATISTICS West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2018 & 2019-- --Preliminary, subject to change-- Dated Date 11/23/2021 Delivery Date 11/23/2021 Last Maturity 07/01/2042 Arbitrage Yield 1.759319% True Interest Cost (TIC) 2.404735% Net Interest Cost (NIC) 2.664943% All-In TIC 2.469522% Average Coupon 4.000000% Average Life (years) 11.946 Weighted Average Maturity (years) 12.052 Duration of Issue (years) 9.708 Par Amount 44,745,000.00 Bond Proceeds 52,104,814.55 Total Interest 21,380,623.33 Net Interest 14,244,533.78 Total Debt Service 66,125,623.33 Maximum Annual Debt Service 3,263,823.33 Average Annual Debt Service 3,209,116.26 Underwriter's Fees (per $1000) Average Takedown Other Fee 5.000000 Total Underwriter's Discount 5.000000 Bid Price 115.948351 Par Average Average Bond Component Value Price Coupon Life Serial Bonds 44,745,000.00 116.448 4.000% 11.946 44,745,000.00 11.946 All-In Arbitrage TIC TIC Yield Par Value 44,745,000.00 44,745,000.00 44,745,000.00 + Accrued Interest + Premium (Discount) 7,359,814.55 7,359,814.55 7,359,814.55 - Underwriter's Discount -223,725.00 -223,725.00 - Cost of Issuance Expense -321,000.00 - Other Amounts Target Value 51,881,089.55 51,560,089.55 52,104,814.55 Target Date 11/23/2021 11/23/2021 11/23/2021 Yield 2.404735% 2.469522% 1.759319% Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 6 SAVINGS West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2018 & 2019-- --Preliminary, subject to change-- Present Value Prior Refunding to 11/23/2021 Date Debt Service Debt Service Savings @ 2.5000000% 07/01/2022 3,608,969.32 3,263,823.33 345,145.99 359,901.92 07/01/2023 3,608,912.86 3,052,600.00 556,312.86 546,024.23 07/01/2024 3,609,293.11 3,053,600.00 555,693.11 532,348.13 07/01/2025 3,608,896.65 3,052,400.00 556,496.65 520,349.22 07/01/2026 3,609,713.98 3,054,000.00 555,713.98 507,224.79 07/01/2027 3,608,992.15 3,048,200.00 560,792.15 499,518.20 07/01/2028 3,609,699.17 3,055,200.00 554,499.17 482,263.98 07/01/2029 3,609,319.38 3,184,400.00 424,919.38 363,579.51 07/01/2030 3,609,478.13 3,180,800.00 428,678.13 358,079.80 07/01/2031 3,609,089.38 3,179,400.00 429,689.38 350,463.20 07/01/2032 3,608,988.13 3,180,000.00 428,988.13 341,704.96 07/01/2033 3,608,988.76 3,182,400.00 426,588.76 331,917.89 07/01/2034 3,608,967.51 3,181,400.00 427,567.51 324,881.58 07/01/2035 3,609,697.50 3,182,000.00 427,697.50 317,417.65 07/01/2036 3,609,055.01 3,184,000.00 425,055.01 308,192.31 07/01/2037 3,609,833.76 3,182,200.00 427,633.76 302,802.71 07/01/2038 3,608,868.75 3,181,600.00 427,268.75 295,539.52 07/01/2039 3,608,953.76 3,182,000.00 426,953.76 288,511.53 07/01/2040 3,608,861.88 3,183,200.00 425,661.88 281,055.22 07/01/2041 3,609,386.88 3,180,000.00 429,386.88 276,893.01 07/01/2042 3,609,301.88 3,182,400.00 426,901.88 269,054.62 75,793,267.95 66,125,623.33 9,667,644.62 7,857,723.99 Savings Summary PV of savings from cash flow 7,857,723.99 Plus: Refunding funds on hand 2,339.51 Net PV Savings 7,860,063.50 Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 7 SAVINGS West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2018-- --Preliminary, subject to change-- Present Value Prior Refunding to 11/23/2021 Date Debt Service Debt Service Savings @ 2.5000000% 07/01/2022 1,673,894.31 1,589,021.11 84,873.20 93,419.20 07/01/2023 1,673,346.60 1,543,800.00 129,546.60 132,585.09 07/01/2024 1,673,709.98 1,545,000.00 128,709.98 128,831.64 07/01/2025 1,674,812.27 1,544,200.00 130,612.27 127,710.48 07/01/2026 1,674,623.35 1,546,400.00 128,223.35 122,739.52 07/01/2027 1,674,431.52 1,541,400.00 133,031.52 124,209.00 07/01/2028 1,674,246.04 1,544,400.00 129,846.04 118,758.89 11,719,064.07 10,854,221.11 864,842.96 848,253.82 Savings Summary PV of savings from cash flow 848,253.82 Plus: Refunding funds on hand 19.64 Net PV Savings 848,273.46 Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 8 SAVINGS West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2019-- --Preliminary, subject to change-- Present Value Prior Refunding to 11/23/2021 Date Debt Service Debt Service Savings @ 2.5000000% 07/01/2022 1,935,075.01 1,674,802.22 260,272.79 266,482.71 07/01/2023 1,935,566.26 1,508,800.00 426,766.26 413,439.13 07/01/2024 1,935,583.13 1,508,600.00 426,983.13 403,516.50 07/01/2025 1,934,084.38 1,508,200.00 425,884.38 392,638.74 07/01/2026 1,935,090.63 1,507,600.00 427,490.63 384,485.28 07/01/2027 1,934,560.63 1,506,800.00 427,760.63 375,309.20 07/01/2028 1,935,453.13 1,510,800.00 424,653.13 363,505.09 07/01/2029 3,609,319.38 3,184,400.00 424,919.38 363,579.51 07/01/2030 3,609,478.13 3,180,800.00 428,678.13 358,079.80 07/01/2031 3,609,089.38 3,179,400.00 429,689.38 350,463.20 07/01/2032 3,608,988.13 3,180,000.00 428,988.13 341,704.96 07/01/2033 3,608,988.76 3,182,400.00 426,588.76 331,917.89 07/01/2034 3,608,967.51 3,181,400.00 427,567.51 324,881.58 07/01/2035 3,609,697.50 3,182,000.00 427,697.50 317,417.65 07/01/2036 3,609,055.01 3,184,000.00 425,055.01 308,192.31 07/01/2037 3,609,833.76 3,182,200.00 427,633.76 302,802.71 07/01/2038 3,608,868.75 3,181,600.00 427,268.75 295,539.52 07/01/2039 3,608,953.76 3,182,000.00 426,953.76 288,511.53 07/01/2040 3,608,861.88 3,183,200.00 425,661.88 281,055.22 07/01/2041 3,609,386.88 3,180,000.00 429,386.88 276,893.01 07/01/2042 3,609,301.88 3,182,400.00 426,901.88 269,054.62 64,074,203.88 55,271,402.22 8,802,801.66 7,009,470.17 Savings Summary PV of savings from cash flow 7,009,470.17 Plus: Refunding funds on hand 2,319.87 Net PV Savings 7,011,790.04 Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 9 SUMMARY OF REFUNDING RESULTS West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2018 & 2019-- --Preliminary, subject to change-- Refund of 2018 Refund of 2019 Total Dated Date 11/23/2021 11/23/2021 11/23/2021 Delivery Date 11/23/2021 11/23/2021 11/23/2021 Arbitrage Yield 1.759319% 1.759319% 1.759319% Escrow Yield 0.020246% 0.020246% 0.020246% Value of Negative Arbitrage 19,059.96 75,079.32 94,139.28 Bond Par Amount 9,455,000.00 35,290,000.00 44,745,000.00 True Interest Cost 0.920414% 2.519418% 2.404735% Net Interest Cost 0.993991% 2.781953% 2.664943% Average Coupon 4.000000% 4.000000% 4.000000% Average Life 3.700 14.155 11.946 Weighted Average Maturity 3.798 14.149 12.052 Par amount of refunded bonds 10,249,000.00 40,289,000.00 50,538,000.00 Average coupon of refunded bonds 3.676688% 4.125000% 4.098015% Average life of refunded bonds 3.504 13.917 11.806 Remaining weighted average maturity of refunded bonds 3.504 13.917 11.806 PV of prior debt 10,795,100.63 48,472,689.49 59,267,790.12 Net PV Savings 848,273.46 7,011,790.04 7,860,063.50 Percentage savings of refunded bonds 8.276646% 17.403733% 15.552779% Percentage savings of refunding bonds 8.971692% 19.869057% 17.566350% Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 10 PRIOR BOND DEBT SERVICE West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2018-- --Preliminary, subject to change-- Period Annual Ending Principal Coupon Interest Debt Service Debt Service 01/01/2022 647,000 3.625%189,891.19 836,891.19 07/01/2022 662,000 3.625% 175,003.12 837,003.12 1,673,894.31 01/01/2023 671,000 3.625%165,638.33 836,638.33 07/01/2023 686,000 3.625% 150,708.27 836,708.27 1,673,346.60 01/01/2024 696,000 3.625%140,496.14 836,496.14 07/01/2024 711,000 3.625% 126,213.84 837,213.84 1,673,709.98 01/01/2025 723,000 3.625%114,427.56 837,427.56 07/01/2025 738,000 3.625% 99,384.71 837,384.71 1,674,812.27 01/01/2026 750,000 3.625%87,358.47 837,358.47 07/01/2026 765,000 3.625% 72,264.88 837,264.88 1,674,623.35 01/01/2027 778,000 3.625%59,288.89 837,288.89 07/01/2027 793,000 3.625% 44,142.63 837,142.63 1,674,431.52 01/01/2028 807,000 3.625%30,181.75 837,181.75 07/01/2028 822,000 3.625% 15,064.29 837,064.29 1,674,246.04 10,249,000 1,470,064.07 11,719,064.07 11,719,064.07 Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 11 PRIOR BOND DEBT SERVICE West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2019-- --Preliminary, subject to change-- Period Annual Ending Principal Coupon Interest Debt Service Debt Service 01/01/2022 138,000 4.125%830,960.63 968,960.63 07/01/2022 138,000 4.125% 828,114.38 966,114.38 1,935,075.01 01/01/2023 144,000 4.125%825,268.13 969,268.13 07/01/2023 144,000 4.125% 822,298.13 966,298.13 1,935,566.26 01/01/2024 149,000 4.125%819,328.13 968,328.13 07/01/2024 151,000 4.125% 816,255.00 967,255.00 1,935,583.13 01/01/2025 155,000 4.125%813,140.63 968,140.63 07/01/2025 156,000 4.125% 809,943.75 965,943.75 1,934,084.38 01/01/2026 163,000 4.125%806,726.25 969,726.25 07/01/2026 162,000 4.125% 803,364.38 965,364.38 1,935,090.63 01/01/2027 169,000 4.125%800,023.13 969,023.13 07/01/2027 169,000 4.125% 796,537.50 965,537.50 1,934,560.63 01/01/2028 177,000 4.125%793,051.88 970,051.88 07/01/2028 176,000 4.125% 789,401.25 965,401.25 1,935,453.13 01/01/2029 1,029,000 4.125%785,771.25 1,814,771.25 07/01/2029 1,030,000 4.125% 764,548.13 1,794,548.13 3,609,319.38 01/01/2030 1,073,000 4.125%743,304.38 1,816,304.38 07/01/2030 1,072,000 4.125% 721,173.75 1,793,173.75 3,609,478.13 01/01/2031 1,117,000 4.125%699,063.75 1,816,063.75 07/01/2031 1,117,000 4.125% 676,025.63 1,793,025.63 3,609,089.38 01/01/2032 1,163,000 4.125%652,987.50 1,815,987.50 07/01/2032 1,164,000 4.125% 629,000.63 1,793,000.63 3,608,988.13 01/01/2033 1,212,000 4.125%604,993.13 1,816,993.13 07/01/2033 1,212,000 4.125% 579,995.63 1,791,995.63 3,608,988.76 01/01/2034 1,262,000 4.125%554,998.13 1,816,998.13 07/01/2034 1,263,000 4.125% 528,969.38 1,791,969.38 3,608,967.51 01/01/2035 1,316,000 4.125%502,920.00 1,818,920.00 07/01/2035 1,315,000 4.125% 475,777.50 1,790,777.50 3,609,697.50 01/01/2036 1,370,000 4.125%448,655.63 1,818,655.63 07/01/2036 1,370,000 4.125% 420,399.38 1,790,399.38 3,609,055.01 01/01/2037 1,428,000 4.125%392,143.13 1,820,143.13 07/01/2037 1,427,000 4.125% 362,690.63 1,789,690.63 3,609,833.76 01/01/2038 1,486,000 4.125%333,258.75 1,819,258.75 07/01/2038 1,487,000 4.125% 302,610.00 1,789,610.00 3,608,868.75 01/01/2039 1,548,000 4.125%271,940.63 1,819,940.63 07/01/2039 1,549,000 4.125% 240,013.13 1,789,013.13 3,608,953.76 01/01/2040 1,613,000 4.125%208,065.00 1,821,065.00 07/01/2040 1,613,000 4.125% 174,796.88 1,787,796.88 3,608,861.88 01/01/2041 1,681,000 4.125%141,528.75 1,822,528.75 07/01/2041 1,680,000 4.125% 106,858.13 1,786,858.13 3,609,386.88 01/01/2042 1,751,000 4.125%72,208.13 1,823,208.13 07/01/2042 1,750,000 4.125% 36,093.75 1,786,093.75 3,609,301.88 40,289,000 23,785,203.88 64,074,203.88 64,074,203.88 Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 12 SUMMARY OF BONDS REFUNDED West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2018 & 2019-- --Preliminary, subject to change-- Maturity Interest Par Call Call Bond Date Rate Amount Date Price Series 2018, 2018, TERM28: 07/01/2028 3.625% 647,000.00 07/01/2028 3.625% 9,602,000.00 01/01/2022 100.000 10,249,000.00 Series 2019, 2019, TERM42: 07/01/2042 4.125% 138,000.00 07/01/2042 4.125% 40,151,000.00 01/01/2022 100.000 40,289,000.00 50,538,000.00 Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 13 ESCROW REQUIREMENTS West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2018 & 2019-- --Preliminary, subject to change-- Period Principal Ending Principal Interest Redeemed Total 01/01/2022 785,000.00 1,020,851.82 49,753,000.00 51,558,851.82 785,000.00 1,020,851.82 49,753,000.00 51,558,851.82 Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 14 ESCROW COST West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2018 & 2019-- --Preliminary, subject to change-- Type of Maturity Par Total Security Date Amount Rate Cost SLGS 01/01/2022 51,557,749 0.020% 51,557,749.00 51,557,749 51,557,749.00 Purchase Cost of Cash Total Date Securities Deposit Escrow Cost 11/23/2021 51,557,749 1.04 51,557,750.04 51,557,749 1.04 51,557,750.04 Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 15 ESCROW DESCRIPTIONS West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2018 & 2019-- --Preliminary, subject to change-- Type of Type of Maturity First Int Par Max Security SLGS Date Pmt Date Amount Rate Rate Nov 23, 2021: SLGS Certificate 01/01/2022 01/01/2022 51,557,749 0.020% 0.020% 51,557,749 SLGS Summary SLGS Rates File 13OCT21 Total Certificates of Indebtedness 51,557,749.00 Oct 13, 2021 12:50 pm Prepared by Piper Sandler Page 16 DISCLOSURE West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 Assumes 'Aa3' Rating --Refunding of Series 2018 & 2019-- --Preliminary, subject to change-- Piper Sandler is providing the information contained herein for discussion purposes only in anticipation of being engaged to serve as underwriter or placement agent on a future transaction and not as a financial advisor or municipal advisor. In providing the information contained herein, Piper Sandler is not recommending an action to you and the information provided herein is not intended to be and should not be construed as a 'recommendation' or 'advice' within the meaning of Section 15B of the Securities Exchange Act of 1934. Piper Sandler is not acting as an advisor to you and does not owe a fiduciary duty pursuant to Section 15B of the Exchange Act or under any state law to you with respect to the information and material contained in this communication. As an underwriter or placement agent, Piper Sandler's primary role is to purchase or arrange for the placement of securities with a view to distribution in an arm's-length commercial transaction, is acting for its own interests and has financial and other interests that differ from your interests. You should discuss any information and material contained in this communication with any and all internal or external advisors and experts that you deem appropriate before acting on this information or material. The information contained herein may include hypothetical interest rates or interest rate savings for a potential refunding. Interest rates used herein take into consideration conditions in today's market and other factual information such as credit rating, geographic location and market sector. Interest rates described herein should not be viewed as rates that Piper Sandler expects to achieve for you should we be selected to act as your underwriter or placement agent. Information about interest rates and terms for SLGs is based on current publically available information and treasury or agency rates for open-market escrows are based on current market interest rates for these types of credits and should not be seen as costs or rates that Piper Sandler could achieve for you should we be selected to act as your underwriter or placement agent. More particularized information and analysis may be provided after you have engaged Piper Sandler as an underwriter or placement agent or under certain other exceptions as describe in the Section 15B of the Exchange Act. Quint & Thimmig LLP 09/13/21 09/22/21 10/19/21 23018.06 WEST CONTRA COSTA HEALTHCARE DISTRICT RESOLUTION NO. 381 RESOLUTION APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE, A BOND PURCHASE AGREEMENT , AN ESCROW AGREEMENT AND A CONTINUING DISCLOSURE CERTIFICATE AND APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT , ALL IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF REVENUE BONDS TO REFUND THE OUTSTANDING WEST CONTRA COSTA HEALTHCARE DISTRICT REFUNDING REVENUE BONDS, SERIES 2018, AND THE OUTSTANDING WEST CONTRA COSTA HEALTHCARE DISTRICT REFUNDING REVENUE BONDS, SERIES 2019, AND APPROVING CERTAIN OTHER ACTIONS RESOLVED, by the Board of Directors (the “Board”) of the West Contra Costa Healthcare District (the “District”), as follows: WHEREAS, the District has heretofore issued its West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2018 (the “2018 Bonds”), of which $10,249,000 is currently outstanding, and its West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2019 (the “2019 Bonds” and, with the 2018 Bonds, the “Prior Bonds”), of which $40,289,000 is currently outstanding; WHEREAS, the District has determined, as a result of favora ble financial market conditions and for other reasons, at this time to issue its West Contra Costa Healthcare District Refunding Revenue Bonds, Series 2021 (the “Bonds”), pursuant to the provisions of section 53570 et seq. of the California Government Code to refund the Prior Bonds; WHEREAS, the District’s obligation to pay the principal of and interest on t he Bonds will be secured by a first and prior lien on the revenues derived by the District from an annual special parcel tax on each taxable parcel of real property within the District (exclusive of parcels for wh ich exemptions have been granted, approved by approximately 84% of the voters of the District at a special election held on June 8, 2011); WHEREAS, a preliminary official statement to be used in connection with the offering and sale of the Bonds has been prepared and it is appropriate at this time for the Board to approve the form thereof and its distribution to prospective purchasers of the Bonds; WHEREAS, pursuant to section 5852.1 of the Government Code, which became effective on January 1, 2018 by the enactment of Senate Bill 450, certain information relating to the Bonds -2- is set forth in Exhibit A attached to this Resolution, and such inf ormation is hereby disclosed and made public; and WHEREAS, the District has determined to authorize the officers of the District to take all necessary action to accomplish the issuance, sale and delivery of the Bonds; NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: Section 1. The Board hereby approves the refunding, on a current basis, of the Prior Bonds by the issuance of the Bonds, without limitation as to principal amount, so long as the refunding of the Prior Bonds, in the aggregate, produces at least 10% net present value savings as a percentage of the par amount outstanding of the Prior Bonds . In addition, the refunding of the 2018 Bonds and the 2019 Bonds must individually produce at least 5% net present value savings as a percenta ge of the outstanding par amount of the 2018 Bonds and 2019 Bonds, respectively. Section 2. The form of indenture between the District and U.S. Bank National Association, as trustee (the “Trustee”), as presented to this meeting (the “Indenture”), is hereb y approved. The Executive Director of the District, the Treasurer of the Board, the Chief Operating Officer & CFO of Contra Costa Health Services, or the designee thereof (each, an “Authorized Officer”), is hereby authorized and directed, for and in the name of the District, to execute and deliver the Indenture in substantially such form, with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery of the Indenture. The date, maturity date, interest rate, interest payment dates, denominations, forms, registration privileges, place or places of payment, terms of redemption and other terms of the Bonds shall be as provided in the Indenture, as finally executed. Section 3. The form of escrow agreement between the District and U.S. Bank National Association, as escrow bank (the “Escrow Bank”), with respect to the refunding of the Prior Bonds (the “Escrow Agreement”), as presented to this meeting, is hereby approved. Any Authorized Officer is hereby authorized and directed, for and in the name of the District, to execute and deliver a n Escrow Agreement in substantially such form, with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery of the Escrow Agreement. Section 4. The form of bond purchase agreement by and between the District and Piper Sandler & Co., as underwriter (the “Underwriter”), as presented to this meeting (the “Bond Purchase Agreement”), is hereby approved, so long as amount of Underwriter’s discount for the Bonds is not more than 0.525% of the par amount thereof. Any Authorized Officer is hereby authorized and directed for and in the name of the District, to execute and deli ver a Bond Purchase Agreement in substantially such form, with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement. Section 5. The form of continuing disclosure certificate, as presented to this meeting (the “Continuing Disclosure Certificate”), is hereby approved . Any Authorized Officer is hereby authorized and directed for and in the name of the District, to execute and deliver a Contin uing Disclosure Certificate in substantially such form, with such changes therein as the officer -3- executing the same may approve, such approval to be conclusively evidenced by the execution and delivery of the Continuing Disclosure Certificate. Section 6. The Board hereby approves and deems final within the meaning of Rule 15c2- 12 of the Securities Exchange Act of 1934 except for permitted omissions, a preliminary official statement describing the Bonds in the form presented to this meeting (the “Preliminary Official Statement”). Distribution of the Preliminary Official Statement by the Underwriter s to prospective purchasers of the Bonds is hereby approved. Any Authorized Officer is hereby authorized to execute the final form of an official statement, including as it may be modified by such additions thereto and changes therein as such officer shall deem necessary, desirable or appropriate (the “Final Official Statement”), and the ex ecution of the Final Official Statement shall be conclusive evidence of the approval of any such additions and changes. The Board hereby authorizes the distribution of the Final Official Statement by the Underwriters. The Final Official Statement shall be executed in the name and on behalf of the District by an Authorized Officer. Section 7 . The Authorized Officers are hereby authorized and directed, for and in the name of the District, to execute and deliver any other documents as may be deemed necessary or appropriate to implement the refinancing or to issue the Bonds, such approval to be conclusively evidenced by the execution and delivery of such documents. Section 8. The Bonds shall be executed by the manual or facsimile signature of any Authorized Officer and attested by the manual or facsimile signature of the Secretary or Assistant Secretary of the Board of Directors of the District, or the designee thereof, in the form set forth in and otherwise in accordance with the Indenture. Section 9. The Authorized Officers are hereby authorized and directed, for and on behalf of the District, to approve any changes to the foregoing documents, such approval to be conclusively evidenced by the execution and delivery thereof. Section 10. The Bonds, when so executed, shall be delivered to the Trustee for authentication by the Trustee. The Trustee is hereby requested and directed to authenticate the Bonds by executing the Trustee’s Certificate of Authentication appearing thereon, and to deliver the Bonds, when duly executed and authenticated, to the purchaser thereof in accordance with written instructions of the District. Said instructions shall provide for the delivery of the Bonds to the purchaser thereof upon payment of the purchase price thereof. Section 11. The Authorized Officers and other authorized officers of the District are each hereby authorized and directed to do the following with respect to the issuance of the Bonds: a. Take any and all actions and execute, acknowledge, deliver and file any and al l agreements, instruments or other documents of any kind required of the District; and b. Act as an agent to the District for the purposes of issuing the Bonds and any additional negotiations, authorizations, approvals, executions, consents, notices, deliveries or other acts required to issue such Bonds. -4- Section 12. All actions taken by the Authorized Officers and other officers or directors of the District which have been undertaken to date or which will be undertaken with respect to the planning, negotiation, authorization, approval and implementation of the financing plan are hereby ratified, confirmed and approved in all respects. Section 13. This resolution shall take effect immediately upon its passage. * * * * * * * * * I, the undersigned Secretary of the Board of Directors of the West Contra Costa Healthcare District, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted by the Board at a meeting thereof on the 9th day of November, 2021, by the following vote of the members thereof: AYES: NOES: ABSTAIN: ABSENT: Secretary Exhibit A EXHIBIT A GOVERNMENT CODE SECTION 5852.1 DISCLOSURE The following information consists of estimates that have been provided by the District’s financial advisor and the Underwriter which has been represented to have been provided in good faith: (A) True Interest Cost of the Bonds: 2.40% (B) Finance Charges (costs of issuance including underwriter’s discount): $545,000 (C) Net Proceeds to be Received (net of finance charges): $51,565,000 (D) Total Payment Amount through Maturity: $65,975,000 The foregoing estimates constitute good faith estimates only. The principal amount of the Bonds, the true interest cost of the Bonds, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual dat e of the sale of the Bonds being different than the date assumed for purposes of such estimates, (b) the actual principal amount of Bonds sold being different from the estimated amount used for purposes of such estimates, (c) the actual amortization of the Bonds being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale of the Bonds being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the District’s financing plan, or a combination of such factors. The actual date of sale of the Bonds and the actual principal amount of Bonds sold will be determined by the District based on the timing of the need for proceeds of the Bo nds and other factors. The actual interest rates with respect to the Bonds will depend on market interest rates at the time of sale thereof. The actual amortization of the Bonds will also depend, in part, on market interest rates at the time of sale thereof. Market interest rates are affected by economic and other factors beyond the control of the District.